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HomeMy WebLinkAbout01-1438JNWL~CLTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL /'~,~, ,-~_1~ t"~, ~oo I Notice is given that the appellant has filed in the above Court of Common Pleas on appeal from the judgment rendered by the District Justice o~ the date arid in the case mentioned belo~. This block will be signed ONLY when this notation is requir~ u~ P~ R.~. ~ 1008~ ~is ~tice of A~I, when mcei~d by t~ District ~ce, will ~e~te as a ~PERSEDEAS ~ ~ J~g~nt ~~~~ty If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. 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.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appear to be served upon appellee). PRAECIPE: To Prothonotary Ente~' rule upon D/'~__-~ ~F~ Neme~dl~/~.s)~l-~'~-~ , appedlee(s), ta file a complaint in this appeal (Common Pleas N~ ~ 00~ ~ I ~ ~)~ ~ ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Skjnatu~e cf appe,gant c,' h~s at'tcmey ~' agen~ RULE, To (1) You are notif'md that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days af~' the dote of service of this rule upon you by personal service or by certified or registered mail (3) The date of service of this rule if service was by mail is the dote of mailing. 13, , . (2) If you do not file a complaint within this time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO F~LE COMPLAINT ~n~prOOlO~ erw~;~' MUSTB F/ ED WI7H~h~ T ~ 70 ~AY~AF~E~,t~' rrc ~ ~¥~ AFFiDAViT; r ~ ~ dat~ o ~ervce~ ~.'~ by personat service ~ by' c~t f~e~) (~g s ced rr~ ;~er0~ ~, ............ ~9 [~ by peraor, Iservlc~ [.~ by(certified) (regste,;,d) mai se der's eceipt attached heeto C~MMONWEALTH OF PENNS~'LV~NIA COUNTY OF: CuNBEILL/LND 09-1-01 CHARLES A. CLEMENT, JR. Address: 1106 CARLISLE ROAD CAMP HILL, PA (717) 76'1-4940 17011 TANI SHA DENNIS 2202 D CEDAR RUN DR CAMP HILL, PA 17011 NOTICE OF JUDGMENT/TRANSCRI'PT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS i-ORCHARD APARTMENTS 2204 C~DAR RUN DRIVE CAMP HILL, PA 17011 VS. DEFENDANT: NAME and ADDRESS FDENNI S, TANI SHA 2202 D CEDAR RUN DR CAMP HILL, PA 17011 Docket No,: LT- 0000108- 01 Date Filed: 2/21/01 THIS IS TO NOTIFY YOU THAT: Ju,dgment:. ~, * (l~ame) OR APARTMENTS [] Judgment was entered for: ...... "~-"~Q~¥P TN~TFF Judgment was entered against DI~NNIS, TR-N~SHA in a [] Landlord/Tenant action in the amount of $ 81.50 on 3/08/01 (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ o 00. The total amount of the Security Deposit is $ o O0 Rent in Arrears $ Physical Damages Leasehold Property $ Damages/Unjust Detention $ Total Amount Established by DJ. 0!0ess- Security Deposit A.pl~d =: Adjudicated Amo.ul~) -$ $ .00 .00-$ .00 = $ .00 -$ .00$ .00 Less Amt Due Defendant from Cross Complaint - $ . O0 Interest (if provided~ by lease) $ . d O L/T Judgment Am6uot $ . OO Judgment Costs $ 81.50 Attorney Fees $ . OO Total Judgment $ 81 o 50 Post Judgment Credits $ Post Judgmeot Costs $ ~-I Attachment Prohibited/ Victim of Abuse (Act 5, 1,996) ~ ~ i ! ~ , ? /,, ~.,~,t //, I ] This case dismissed without prejudice. ] Possession granted. Ce.ified j~¥~6t T~tal Possess 66 grat~ted f mbney, udgment s not sat~st~ea Dyt~me or ewction. Possession not granted. [] Le~'y is.stayed for days or I-'-I generally stayed. r-'] Objection to Levy has been filed and hearing will be held: Date: Place: I---~ Defendants are jointly and severally liable. Time: IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUD~I~E~NT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE.~?R~I~(~TAt[~Y/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL ~'~ M~GM~NT, IF ANY. ORDER TO OBTA N A SUPERSEDEAS THE APPELLA~ MUST DEPOSIT WITH THE PROTHONO~)~LE'~ ~OMRT~THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL I~IL~; x:' '"~'~ '. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING ~i~NT~A~ LEAS~, ~RTY HAS 30 DAYS A~ER THE DATE OF ENTRY OF JUDGMENT N WH CH TO FILE A NOTICE OF APP~G.~(~ THE PROTHONO~R~/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, C~VIL DIVISION. THE PARTY FILING AN APPEAL M~T ~CLU~ A C~Y ~ NO~MENT~R~RI~T FOR~WITH TH~OTICE OF APPEAL. HAR8 2001 Oate I cedify that this is a true and correct Copy of the re.rd of the procee~ngs containin~e I Date , My commission ~expires first Monday of January, 200~. SEAL COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM JUDiCiAL OISTKICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. /~ ~ ~'L~ ~ ~ ~ ~ ~ ~ NOTICE OF APPEAL ' :'}* -~ ~'~ '~ 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 mentioned be~o~. ~ P~ R.C.P.J.P. N~ Il ~ll~t ~s CLAIMANT (s~ ~. R.C.P.d.P. No. 1 O01 (6) in ~ti~ ~t~e District ~tice, ~ MUST m~~ ~ :e, will operate as a FILE A COMPLAINT within twenty (20) da~ after  u filing his NOT/CE of APPEAL, Certified Fee Return Receipt Fee $~j~ Orchar~ Apartments - ............................. Cedar un: TO FILE COMPLAINT AND RULE TO FILE )EFENDAN T (see Pa. R.C,P.J.P. No. 1001(7) in action before District Justice. ;n/ed upon al~pellee). Hill PA 1 (1) You am notified that a rule is hereby entered upou 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 ce~ified or registered mail. -L~: .' ':'" (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTE~I~ AGAII~ST YOU. ',' {3) The date of t, Lorvlce of this rule if service was by moilis the date of mailing. '~i ~ ,- ' ,~.,~,~, l COURT FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (datec s r~ e) /~t'i~_ ~_ ,,.~.~ {'~ b/ pesena serv ~7!:}~ (ertified} ~ ma, s~ dert~ ece!pt attached ~ereto I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 P.S. Section 4904, relating to unsworn falsification to authorities. Tanisha DeDDis ORCHARD APARTMENTS, Plaintiff TANISHA DENNIS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1438 CIVIL TERM ~F~A~T 1. I, Tanisha Dennis, am the defendant in the above-captioned action, which is an appeal from a judgment rendered by District Justice Clement on March 8, 2001, awarding Plaintiff possession of the apartment in which I reside. 2. My rent for this apartment, located at 2202D Cedar Run Drive, Camp Hill, Cumberland County, Pennsylvania is $0 per month. My rent is subsidized by HUD. 3. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: Tanisha Dennis, Defendant ORCHARD APARTMENTS, Plaintiff TANISHA DENNIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- 1438 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel for the defendant, Tanisha Dennis, in the above- captioned matter. Philip C./Briganti, Esquire MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 CERTIFICATE OF SERVICE I, Philip C, Briganti, hereby certify that I am this 15th day of March, 2001, serving a copy of the foregoing Praecipe to Enter Appearance upon the plaintiff at the following address by first- class U.S. mail, postage prepaid: Orchard Apartments 2204 Cedar Run Drive Camp Hill, PA 17011 MIDPENN LEGAL SERVICES. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ORCHARD APARTMENT ASSOCIATES, t/d/b/a ORCHARD APARTMENTS, Plaintiff TANI SHA DENNIS, Defendant TO DEFENDANT NAMED HEREIN: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001 - 1438 CIVIL CIVIL ACTION - LAW NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrlta sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO OSI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA OLLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJOPARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 ING [ RNICOFF, P.C. Date: ~/~/o/ By:~//~RNIC , /~6rdan./Y. Cunnlngham, Esquire /~2~2D; N~2o3r~4Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORCHARD APARTMENT ASSOCIATES, t/d/b/a ORCHARD APARTMENTS, Plaintiff TANISHA DENNIS, Defendant NO. 2001 - 1438 CIVIL CIVIL ACTION - LAW COMPLAINT AND NOW comes the Plaintiff, ORCHARD APARTMENT ASSOCIATES, t/d/b/a ORCHARD APARTMENTS, by and through its attorneys, Cunningham & Chernicoff, P.C. and files this Complaint in ejectment and in assumpsit and in support thereof avers the following: 1. Plaintiff, ORCHARD APARTMENT ASSOCIATES, t/d/b/a ORCHARD APARTMENTS, is a limited partnership which is registered with the Pennsylvania Department of State having a registered address of 2204 Cedar Run Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant, TANISHA DENNIS, is an adult individual who resides at 2202-D Cedar Run Drive Ext., Camp Hill, Cumberland County, Pennsylvania. 3. At all times material to Plaintiff's cause of action, Plaintiff, ORCHARD APARTMENT ASSOCIATES, t/d/b/a ORCHARD APARTMENTS, has been the legal owner of the tract of land on which the building in which the Defendant resides is sited. 4. On or about February 11, 2000,, Defendant, TANISMA DENNIS, executed an Apartment Lease Agreement by the terms of which the Defendant leased from the Plaintiff the premises known as 2202-D Cedar Run Drive Ext., Camp Hill, Cumberland County, Pennsylvania for a term to expire on March 31, 2001, at a monthly rental of Thirty One and 00/100 Dollars ($31.00). A true and correct copy of the Lease Agreement and Certification are attached hereto, made part hereof and are incorporated by reference as Plaintiff's Exhibit "P-l". 5. The Defendant, in executing the Lease Agreement, agreed to abide by the terms set forth in the Lease Agreement which specifically states in Paragraphs 3 and 15 that rent is due and owing on the first (lst) day of each month and if rent is not paid by the fifth (sth) day of each month, the Plaintiff may collect a fee of Five and 00/100 Dollars ($5.00) on the sixth (6th) day of the month and thereafter the Plaintiff may collect One and 00/100 Dollar ($1.00) for each additional day the rent remains unpaid during the month it is due. 6. The Defendant failed to pay rent in accordance with Paragraphs 3 and 5 of the Lease Agreement for the month of December, 2000. 7. The Defendant failed to pay rent in a timely manner in accordance with Paragraphs 3 and 5 of the Lease Agreement for the months of March, 2000; June, 2000; July, 2000; August, 2000; September, 2000; December, 2000; and January, 2001. COUNT I - IN EJECTMENT 8. Plaintiff incorporates by reference Paragraphs 1 through 11 of the Complaint as if more fully set forth herein. 9. Plaintiff's agent, Deb Anstine, after a total review of the Defendant's tenancy history, reached a decision to terminate the Defendant's Lease Agreement and/or not to renew the Defendant's Lease Agreement for the following reasons: (a) Defendant's failure to pay rent in a timely manner by the fifth (Sth) day of each month for the months of March, 2000; June, 2000; July, 2000; August, 2000; September, 2000; and December, 2000, all of which represents a substantial violation of the Lease Agreement, the Rules and Regulations of the apartment complex and R73D Regulations, specifically Paragraphs 3 and 23 of the Lease Agreement and Section 4-18 of the HUD Technical Handbook, HUD Transmittal 4350.3 and represents a~ts of material non-compliance with the terms of the Lease Agreement as that term is defined in Paragraph 23 of the Lease Agreement and the applicable HUD regulations. (b) Defendant's failure to pay rent for the month of December, 2000, all of which represents a substantial violation of the Lease Agreement, the Rules and Regulations of the apartment complex and HUD Regulations, specifically Paragraphs 3 and 23 of the Lease Agreement and Section 4-18 of the HUD Technical Handbook, HUD Transmittal 4350.3 and represents acts of material non-compliance with the terms of the Lease Agreement as that term is defined in Paragraph 23 of the Lease Agreement and the applicable HUD regulations. 10. On or about December 6, 2000, the Defendant was properly served by first-class mail and by personal service a Proposed Notice to Quit as required by current federal regulations and Pennsylvania statutory law. A true and correct copy of the Proposed Notice to Quit is attached hereto, made part hereof and is incorporated by reference as Plaintiff's Exhibit "P-2". 11. On or about December 18, 2000, the Defendant was properly served by first-class mail and by personal service a Final Notice to Quit as required by current federal regulations and Pennsylvania statutory law. A true and correct copy of the Final Notice to Quit is attached hereto, made part hereof and is incorporated by reference as Plaintiff's Exhibit "P-3" 12. The Defendant, although requested to do so by Plaintiff, has refused to surrender the premises known and numbered as 2202-D Cedar Run Drive Ext., Camp Mill, Cumberland County, Pennsylvania to the Plaintiff and has since the time she received the Proposed Notice to Quit and Final Notice to Quit has continued to remain in possession of said apartment. 13. The Defendant's failure to timely pay rent and repeated late payment of rent, are substantial violations of the terms of the Lease Agreement, are acts of material non- compliance with the Lease Agreement, and are violations of Paragraphs 3, 15 and 23 of the Lease Agreement and the applicable HUD Rules and Regulations. W}{EREFORE, Plaintiff demands entry of judgment in favor of the Plaintiff and against the Defendant, TANISMA DENNIS, on the issue of material non-compliance with the terms of the Lease Agreement, Rules and Regulations of the apartment complex and HUD Regulations and further Plaintiff demands it be granted possession of the premises known and numbered as 6 2202-D Cedar Run Drive Ext., Camp Hill, Cumberland County, Pennsylvania, together with costs and interest. COUNT II - IN ASSUMPSIT 14. Plaintiff incorporates by reference Paragraphs 1 through 13 of the Complaint as if more fully set forth herein. 15. During the pendency of this litigation, rent will accrue and may or may not be paid by the Defendant to the Plaintiff. 16. In that event, Defendant fails to pay rent during the pendency of this litigation, Plaintiff seeks payment of rent and damages, if any, due and owing until the conclusion of this litigation. WHEREFORE, the Plaintiff demands entry of judgment in favor of the Plaintiff against the Defendant, TANISHA DENNIS, for any rent, late fees and/or damages incurred and unpaid from the date of the filing of this Complaint to the 7 conclusion of this litigation, together with interest and costs. Respectfully submitted, J/frdan D. ~flningham, Esquxre /~2~2% ~2o3rt~h~Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) bl \docs \ complain\orchard, den 8 Orchard Apar=men=s E X H I B I T 'P-1w , RESIDENTIAL LEASE AGREEMEN'I ' 1. PANTIES AND DWELLING UNIT: ORCHARD APARTMENTS The parties to this Agreement are . referred fo as the Landicrd, and DENNIS , TANISHA . referred to as the Tenant. TheLandlordlaasestotheTenamunilnumber 2202-D CEDAR RUN 6. CONDITION OF DWELLING UNIT: By signing this Agreement, the Tenant acknowledges that the ueq is safe, clean and in good condition. The Tenant agrees that all appliances and equipment in the unit are in good working order, except as described on the Unit Insoecticn Reoort which is Attachment No. 2 to this Agreemenl. The Tenant also agrees that Ihe Landlord has made no promises to decorale, alter, repair or improve the unit. excppl as listed on the Unit fos~eclion Report. 7. CHARGES FOR UTILITIES AND SERVICES: The following charts describe how the cost of ulilities and services related lo cccppancy of Ibe unil will be paid. The Tenant agrees Ihal these charls accuralely describe the utilibes and services paid by Ihe Landlord ami Ihose paid by the Tenant. a. The Tenanl must pay for the utilities in column (1). Paymenls should be made directly Io the appropriate utilily company. The items in column (2) are included in the Tenant's rent: (1) Put "X" by any UtitNy Tenant Pays Directly X x X X X X 8. SECURITY DEPOSITS: {2) Put "X' by any Utility Included In Tenant Rent The Tenant has deposited $ 9 7 . 00 with the Landlord. The Landlord will hold this security deposii for the period the Tenanl occupies the unit. After the Tenant has moved Item the unit, the Landlord will delermine whelher the Tenant is ehgible for a refond el any or all el Ihe security deposit. The amount of the relund will be determined in accordance with the following conditions and prOCedures: a. The Tenanl will be eligible for a relund el Ihe security beposit only il the Tenant provided the Landlord with the 30-day written notice el intenl ~o move required by paragraph 23, unless the Tenant was unable to give the notice for reasons beyond bls/bet conlroL b. After the Tenanl has moved from the unit, the Landlord will inspect the unit and cOmplete another Unit Ins~eclicn ReoorL The Landlord will permit the Tenant to participate in the inspection, il the Tenant so requests. The Landlord will refund to the Tenanl the amount el Ihe security deposit (plus interest computed al %. beginning ). less any amounl needed to pay the cost of: (3) charges lot late payment of r~ ,, and returned checks, as described in paragraph 5; ainu (4) charges for unreturned keys, as described in paragraph 9. d The Landlord agrees to refund Ihe amount computed in paragraph 8c within days aher the Tenant has permanently moved out of the unit, returned possession of Ihe unit to the Landlord, and give his/her new address to the Landlord The Landlord will also give the Tenant a written tisl el charges that were subtracted from the deposit, g the Tenanl disagrees with the Landlord concerning the amounts deducted and asks to meet with the Land~ord, Ihe Landlord agrees to meet with the Tenant and informally discuss the disputed charges. e II the unit is rented by more than one parson, the Tenants agree that they will work out rbe details of gividfog any refund among themselves The Landlord may pay the refund to any Tenant ideedtied in paragraph 1 of this Agreement, f The Tenant understands that the Landlord will not count the Security Deposit towards the last month's rent or toward repair charges owed by the Tenant in accordance with paragraph 11 9. KEYS AND LOCKS: The Tenant agrees not lo install eddibenal or different locks or gates on any doors or windows ol the unil without the written permission of the Landlord If the Landlord approves the Tenant's request {o install such locks, the Tenant agrees to provide the Landlord wilh a kay for each Iock, When this A reement ends, Ihe Tenant agrees to return all keys I0 the dwelling ung to the Landlord. The Landlord may charge the Tenanl _ for each key not returned. (Not to exceed what Iocksmdh charges for each key not returned.) 10. MAINTENANCE: a, The Lanctold agrees to; regularly clean all common areas el {he project; maintain the common areas and facilities in a safe condition; (3) arrange for colleclion and removal of trash and garbage; (4) mainlain alt equipment and appliances in sale and working order; (5) make necessary repairs with reasonable promptness; (6) maintain exterior lighling in good working order; (7) provide extermination services, if necessary; and (8) maintain grounds and shrubs b The Tenant agrees to; (1) keep Ihe unit clean; (2) use all appliances, fixtures and equipment in a safe manner and only for the purposes for which they are intended; (3) not litter the grounds or common areas of the project; (4} not deedoy, delace, damage or remove any parl ol the unit, common areas, or project grounds; {5} give ~he Landlord prompt notice of any defects in lhe plumbing, fixtures, appliances, heating and cooling equipment or any other part of the unit er related facilities; and (6) remove garbage and olher waste from the unit in a clean and safe manner, 11. OAMAGES: Whenever damage is caused by carelessness, misuse, or neglect On Ihe part of Ihe Tenant, his/her lamily or visdors, the Tenant agrees to pay: a. Reasonable charges for all damages to the premises (including equipment and/or appliances supplied to the premises) and reasonable charges for damage to the project buildings, facilities, or common areas negligendy or intentionally caused by Tenant or Tenant's household or guests. Said charges are to be made according to the current Schedule ol Maintenance Charaes posted in the Management Office, and Tenant agrees thai payment of all such charges shall be made within thirty (30) days of the date charges are billed. b Rent for the period the unit is managed whether or not the unit is habitable, The Tenant understands that HUD will ne~ make assistance pay- ments for any period in which the unit is no~ habitable. For any such period, lhe Tenant agrees to pay Ihe HUD-approved market rani rather than the Tenant rent shown in paragraph 3 el lhis Agreement. 12, RESTRICTIONS ON ALTERATIONS: The Tenant agrees not lo do any of the following without first obtaining Ihe Landlord's wrdten parmission: a change or remove any pad of ~he appliances, fixtures or equipmect in the ung; b. beinl or install wallpaper or contact paper in the unit; c. attach awnings or window guards in the unit; d. attach or place any lixtures, s~gns, or fences on the building(s), the common areas, or the project grounds; e, attach any shelves, screen doors, or o~her permanent improvemenls in Ihe unit; instalt washing machines, dryers, fans healers or air conditioners in the ubll; or g. place any aerials, anlennas or other electrical connections on the unil; h. no water beds 13. GENERAL RESTRICTIONS: The Tenant must live in the unil and the unit must be the Tenant's on~y place of residence. The Tenant shall use the premises only as a private dwelling for himself/hersell and the individuals listed on Ihe Certification and Receltdication of Tenant EIk]ibilitv. The Tenant agrees to permit other individuals to reside in the uni1 only after obtaining the prior written approval ol the Landlord. The Tenan~ agrees not to: a sub/el or assign Ihe unit, or any part e~ the unit; b. use Ihe unit for unlawful purposes; c engage m or permit unlawful activities in lhe Utah in the common areas er oR the project grounds; d. have pets or animals el any kind in the unit without the prior written permission el Ihe Landlord; or e In the event thai during the term of the lease the Tenant should require the assistance of a Live-in-Aide, in accordance with Ihe HUD Regulations. the aide shall not pa allowed to remain in occupancy should the Tenant terminate Ihis Lease Agreement nor shall the Live in Aide have iights Io survivorship of the unit. Notwithslanding any olher provision of this lease, the Tenant, members of the Tenanrs household, guests of Tenant and other persons under Tenant's control shall not engage in unlawful activity, including drug-lb/atari criminal activity, in fha Tenant's unit or on the project premises, and such unlawful activity shs/~ be cause for termination of ~enancy "Dr ug-relaled criminal activily" means the illegal manufacture, sale, distribution, use or possession of a controlled substance as defined in Section 102 el Ihe Unged States Controlled Substances Act, 21 U.S Code Section 802, Criminal co~wiction under Federal, slate or local law shall not be a precondition for lerminaben of tenancy. g Tenant shall not pursue or conduct any business on the premises, nor shall Tenant display any signs ol any type el description. h Tenant shal~ refrain from and cause Tenant's household and guests to relrain lrom destroying, delacing, damaging, or removing any part of the premises ct project. Tenanl shall not create or permit any dlslurbing noises in or about Tenanrs dwelling unit by himself, his family, or guests; nor shall he, his family, or guesls inleedere with or materially diminish the rights, comforts, o¢ convenience of olher Tenant's or surrounding ns/ghbors, Nedhet the Tenant, his family, nor his guests shall engage in any aclivity thai would constitute an offense against persons, properly, public order, or public health or decency, or tha~ involves Iraud, deception, firearms, or other weapons. Tenant shall not refuse Ihe extermination services for rodenl or insect infestation. If heal is to be supplied by the Tenant, Tenan~ agrees to execute a third party notification with Landlord, whereby the Landlord will be forms/ly notified prior to the disconlineance of utility service by the utility supalier. Tenant agrees to lurnish sugiblent heat to the premises to preven~ damage to the premises. If, for any reason, Tenant is unable to maintain sufficient heat, Tenant sha# immediately notily Landlord. Tenant shall pay for any damages to the und resulting Irem Tenant's negligent or intentional failure to ms/ntain sufficient heat or to notify Landlord of the lack el sullicient heat due to any cause beyond Tenanl's control. Tenant agrees to comply wdh Landlord policies and directives, as well as the regulations and ~aws of al~ Fndera~, state, municipal and Iocat governments regarding the collection, sorting, separation and recycling of wasle products, garbage, reluse and trash. 14. RULES: The Tenan~ agrees to obey the House Rules which ale Att;~chmer~t NO. 3 to this Agreement. The Tenant agrees to obey additional rules eslablishnd a~ter the effective date of this Agreement if: b. the Tenant receives written no~ice ol the proposed rule at (east thirty (30) days belore the rule is er~fo;ced. 15. REGULARLY SCHEDULED RECERTIFICATIONS: 22. CHANGE IN RENTAL AGREEMEN'I': The Landlord may, wdh the prior approval of HUD, change the terms and conditions gl this Agreement. Any changes will become effective only at the and of the initial ~erm or a successive term. The Landlord must holily the Tenant of any change and must offer the Tenant a new Agreement or an ameodment fo the existing Agreement. The Tenant must receive the notice at leas~ slxly (60) days before Ihe proposed s/fecgve date of the change. The Tenant may accept the changed terms and condgions by signing Ihe new Agreement or the amendment ~o the existing Agreement and returning it ~0 the Landlord. The Tenant may reject the changed ~erms and conditions by giving the Landlord wriffen notice that he/she intends to tar minale the tenancy. The Tenant must give such notice at least Ihir ly (30) days before the proposed change will go inlo effect, d the Tenant does not accept the amended Agreement, the Landlord may require the Tenant to move from the pro~ect, as provided in paragraph 23. 23. TERMINATION OF TENANCY: a To terminate this Agreement, the Tenant must give the Landlord thirty (30) days wr+ffen notice before moving from the unit. If the Tenant does no~ give the full 30-day notice. Ihe Tenant shall be lieqle for rent up ~he end of the thgly (30) days lot wh!ch notice was required or to the date the Unil is re-reeled, whichever date comes first. b. Any termination ol this Agreement by the Landlord must be carried out in accordance with HUD regulations, state and local law, and the lores el Ihis Agreement The Landford may terminate lhis Agreement only foe: the Tenant's material noncompliance with the terms of this Agreement; the Tenants material failure to carry out ob~igaddns under any Stale Landlord and Tenhnt Act; or ~iiminal activgy Ihat threatens the health, salely, or right fo poaceluJ enjoyment of the premises by other lenan{s or any drug-related cdmi hal activity on or near such premises, engaged in by a {enanl, any member of the Tenant's household, or any guest or other person under the Tenant's conlrol; or other good cause, which includes, but is not limited to, the Tenant's relusal te accept the Laodlord's proposed chan~e to this Agreemenl. Terminations for "other geed cause" may only be eftecdve as of the end ol any indial or successive term. the term material noncompliance with the lease includes: (1) one or more substantial violations gl the lease; (2) repeated miner violations of Ihe 1ease that (a) disrupt the livability gl the project, (b) adversely affect the heagh or safety of any person or the right of any lenant to the quiet enjoyment of the leased premises and related project facildies, (c) interefere wi[h the management of the pro~ect, or (d) have an adverse financial effecl on the project; (3) failure of the Tenant to timely supply all required information on the i~come and composition, or eligibility facfors, of the tenant household (including, but not limited fo, failure ~o meet the disclosure and verilicalion reqeqemen{s Ior Social Securdy Numbers, or failure ~e sign and submit consent forms for the obtaining of wage and claim information from State Wage Informaeqn Cct~ection Agencies), or to knowingly provide incomplete Or inaccurate information; and (4) non-payment ol rent or any other financial eqlig- align due under the lease beyond any grace period permiffed under state law. The payment of rent or any other financiai obligation due under ~he lease abet the due date but within the grace period permitted under state law constitutes a minor violalion. c. II {he Landlord proposed to terminate this AgreemenL the Landlord agrees to give the Tenant written notice of the proposed termination. If the Landlord is terminating this Agreement for ~other good cause," the tetminalion notice must be mailed fo the Tenant and hand-delivered ~o the dwelling unit in the manner required by HUD at least thirty (30) days before the date the Tenant will be required lo move Irom the unit. Notices of proposed termination for other reasons musl be given in accordance with any time frames set Iorth in state and local law. Any HUD-required notice podod may run concurrently with any notice period required by slate or local law. All termination notices must: specify the date this Agreement will be termina{ed; state Ihe grounds for termination wilh enough detail for the Tenant to prepare a dolense; advise the Tenant thai he/she has ten (10) days within which to discuss the proposed tar mir~ation ol leeancy with the Landlord. The 10-day period will begin on the earlier of the date the notice was hand-delivered to the unit or the day after the date the notice is mailed. If the Tenant requests the meeddg, the Landlord agrees ~0 discusS the proposed terminabon with the Tenanl; and · advise the Tenant et his/her righl to defood the actior~ in court. d II an eviction is initiated, fha Landlord agrees to rely only upon {hose glounds cited in the lermination notice required by 0aregraph (c). 24. HAZAROS: The Tenant shall not undertake, or permit his/her family or guests lo undertake, any hazardous acts or do anything that will increase {he project's insurance premiums. Such action constbutes a material non-compliance. If the unit is damaged by fire, wind or rain to the extent that Ihe unit can- nol be lived in and the damage is not caused or made worse by {he Tenant, the Tenant will be respor3sibie for rent only up fo the date of lhe destruc- tion. Additional rent will not accrue un{il Ihe unit has been repaired to a livable condition. PENALTIES FOR SUBMITTING FALSE INFORMATION: Knowingly giving the Landlord false foformalion regarding income or other factors considered in determining Tenant's eligibility and rent is a mate- rial noncompliance with the lease subject to termination of tenancy. In addition, the Tenanl could become sub)ecl to penalties available under Federal law. Those penalties incIode tines up to $10,000 and imprisonment for up fo five (5) years. CONTENTS OFTHIS AGREEMENT: This Agreement and its Attachments make up the entire agreement between the Landford and the Tenant regarding the uniL d any court declares a particular provision of this Agreement to be invalid or illegal, all other terms of this A0reement will remain in effect and both the Landlord and the Tenant will continue to be bound by them. ATTACHMENTS TO TN E AGREEMENT: The Tenant certifies that he/she has received a copy gl this Agreement and the following Attachments to this Agreement and understands that these Attachments are part of this Agreement: a. Attachment No. l--Form HUD-50059, Car titication and Racer lificalion of Tenant Eligibildy b. ~tachment No. 2--Und Inspection Report c Attachment No 3--RolJse Rules (if any) 25, 26. 27. 2g. SIGNATURES: TENANT ,. LANDLOR~RCHARD APARTMENTS By: Tc) //~0o Dale Signed IR-203 PUFA 5/82 4/98 RkNEWAL TO RESIDENTIAL LEASE AGREEMENT TIIIS I{ENEWAL TO TIlE Residential Lense Agreement (Lease) is made NOW THEREFORE, IN CONSIDEI~TION of the Landlord entering into tile Residential Lease Agreement with Tenant, the independent promises and covenants of each to tile other and the rent reserved, and intending to be legally bound, Landlord and Tenant enter into this Renewal to tile Residential Lease Agreement and agree as follows: 1. Tenant, upon signing this Renewal, agrees that the term of tile .Residential Lease Agreement sball be for (1) year beginning on the 1st / ~,,~/),,.~)~, ~l~,,,, or until terminated according to the terms and conditions of the Residential Lense Agreement. MONTH TO MONTH '1 2. Tenant, in tile event he desires to terminate tile Residential Lease Agreement, shall tender to the landlord written notice of Tenant's desire to vacate the premises and said notice shall be tendered to the landlord at least thirty (30) days prior to tile date Tenant intends to vacate the premises. If Tenant fails to tender the required thirty (30) day written notice, he shall be liable for the monthly renta~ payment for tbat thirty (30~ day period of time together with any other damages provided for in the Residential Apartment Lease. 3. Tenant and Landlord agree that upon signing this Renewal, the monthly rental amount for Rental Unit No. ,~h shall be $ Of the total rent, $ ~ shall be payable by the Pennsylvania Housing Finance Agency as housing assistance payments on behalf of the Tenant and $ ~ shall be payable by the Tenant in the followin~ (a) $ ~."~ as the estimated monthly utility cost for electricity. ~he Tenant i~ responsible for paying the apartment electric bill to the utility company. (b) ~--~ "~ as the monthly rental payment to the Landlord. These amounts shall be subject to change by reason of changes in the Tenant's family income, family composition, or extent of exceptional medical or other unusual of Housing and Urban Development; or by reason of adjustment by the Pennsylvania Housing Finance Agency or any applicable Allowance for Utilities and Other Services. Any such change shall be effective as provided for in the Renewal. IN WITNESS WHEREOF Tenant and Landlord have hereunto set their hands and seals all as of tile day and year first above written. WITNESS: ~ Re side~anager 2204 CEDAR RUN DRIVE EXTENDED GA/VIP HILL, PA 17011 (717) 76.?-0937 FAX (717) 730-9323 TDD (800) 497-3843 NON-INCOME AFFIDAVIT I, '--'(~{ %ka,, ,t~.~ q't~2~ ,residingat;22~ Cedar Ran Drive, CampHill, PA 17011, do hereby swear and affirm that I DO NOT have any income. This includes but is not limite~o income from any of the following: I. Wages, Public Assistance/Welfare (ADC, GR, etc.), Social Security, SSI, etc.; 2. Child Support or Alimony. 3. Regular monetary gifts from family or friends, etc.; 4. Assets (homes, stocks, etc.; this includes inherited property); 5. Interest income from Savings, Checking, Christmas Club and other bank accounts, IRA's, Certificates of Deposit, Money Market Funds, Credit Unions, etc.; 6. U.S. Savings Bonds, Stocks or Bonds of any kind; 7. Pensions, Annuities, Retirement Funds, etc. (this includes benefits you may receive from being a beneficiary of a life insurance or retirement plan); 8. Real Estate Property, etc.; : 9. ANY INCOME, EARNED OR UNEARNED. WARNING: Section 1001 of Title 18 of the U.S. code makes it a criminal offense to make willful false statements or misrepresentation of any material fact involving the use or obtaining of Federal Funds. Also, Paragraph 25 of your Lease Agreement states: "Knowingly giving the landlord false information regarding income or other factors considered in determining tenant's eligibility and rent is a material noncompliance with the lease, subject to termination of tenancy." Resident/Applicant Signature Signed this, the ~,~Cl~day of ~-"~; k~o-~-I~.~ ,2001. 'READ THIS BEFORE YOU COMPLETE AND SIGN THIS FORM HUD-50059 PRIVACY ACT STATEMENT. The Department of Housing and Urban Development (HUD) is authorized to collect this information by the U.S. Housing Act of 1937, as amended (42 U.S.C. 1437 et. Seq.); the Housing and Urban-rural Recovery Act of 1983 (P.L. 98-181); the Housing and Community Development Technical Amendments of 1984 (P.L. 98-479); and by the Housing and Community Development Act of 1987 (42 U.S.C. 3543). The information is being collected by HUD to determine an applicant's eligibility, the recommended unit size, and the amount the tenant(s) must pay toward rent and utilities. HUD uses this information to assist in managing certain HUD properties, to protect the Government's financial interest, and to verify the accuracy of the information furnished. HUD or a Public Housing Authority (PHA) may conduct a computer match to verify the information you provide. This information may be released to appropriate Federal, State, and local agencies, when relevant, and to civil, criminal, or regulatory investigators and prosecutors. However, the information will not be otherwise disclosed or released outside of HUD, except as permitted or required by law. You must provide all of the information requested, including the Social Security Number (SSNs) you, and all other household family members age six (6) years and older is mandatory; not providing the SSNs will affect your eligibility. Failure to provide any information may result in a delay or rejection ofyoar eligibility approval. TENANT(s)' CERTIFICATION. I/XVe certify that the information in Parts II, III, and IV of this form are true and complete to the best of my/our knowledge and belief. I/We understand that lYWe can be fined up to $10,000, or imprisoned up to five years, or lose the subsidy HUD pays and have my/our rent increased, if IAVe furnish false or incomplete information. OWNER'S CERTIFICATION. I certify that this Tenant's eligibility, rent and assistance paYment have been computed in accordance with HUD's regulations and administrative procedures and that all required verifications were obtained. WARNING TO OWNERS AND TENANTS. By signing in part VIII of this form, you are agreeing with the applicable Certification. FALSE CLAIMS STATEMENT. Warning: U.S. Code, Title 31. Section 3729, False Claims, provides a civil penalty of not less than $5,000 and not more than $10,000, plus 3 times the amount of damages for any person who knowingly presents, or causes to be presented, a false or fraudulent claim; or who knowingly makes, or caused to be used, a false record or statement; or conspires to defraud the Government by getting a false or fraudulent claim allowed or paid. PUBLIC REPORTING BURDEN. The reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing date sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C. 20410-3600; and to the Office of Management and Budget, Paperwork Reduction Project (1502-0204), Washington, D.C. 20503. Do not send this completed form to either of these addresses. Tenant Signature Date Form HUD-50059 (8/87) Ref. Handbook 4350.3 E X H I B I T "P-2" PROPOSED NOTICE TO OUIT TO: Tanisha Dennis 2202 D Cedar Run Drive Extn. Camp Hill, Pennsylvania 17011 DATE: December 6, 2000 YOU ARE HEREBY NOTIFIED that as of this date, your lease agreement is being considered for termination because you have committed various substantial and minor violations of the lease agreement, applicable Housing and Urban Development (HUD) regulations, provisions of the Pennsylvania Landlord and Tenant Act, and of the rules and regulations of Orchard Apartments, all of which constitutes '[material non-compliance" which term, as outlined in Paragraph 23 of the lease agreement, is defined in part as: "material non-compliance" includes, but it not limited to, non-payment of rent beyond the grace period available under state law; failure to reimburse the landlord within thirty (30) days for repairs made under Paragraph 11 of this agreement; repeated late payment of rent; permitting unauthorized persons to live in the unit; serious or repeated damages to the unit or common areas; creation of physical hazards; serious or repeated interference with the rights and quiet enjoyment of other tenants; failure to repay unauthorized assistance payments; and giving the landlord false information regarding income or other factors considering in determining the tenant's rent". The substantial and repeated minor violations of your lease are as follows (1) Failure to pay rent fo/the month(s) of: December, 2000 in the amount of Thirty-One and 00/100 Dollars ($31.00) plus late fees, in violation Paragraphs 3, 5 and 23 of the lease agreement and Paragraph 4-18 of HUD Transmittal 4350.3. (2) Failure to pay rent in a timely manner by the first day of the month and no later than the fifth day of the month as required by Paragraphs 3, 5 and 23 of the lease agreement and Paragraph 4-18 of HUD Transmittal 4350.3. As a result of the above acts and actions, the landlord is of the opinion that you have breached the terms of the lease agreement, rules and regulations of Orchard Apartments, and applicable HUD regulations, and have forfeited your right to continue possession of your apartment unit. Page One of,Three THEREFORE, YOU ARE HEREBY NOTIFIED to remove from and deliver possession of the leased unit you now occupy at the above address, within the complex know as Orchard Apartments within thirty (30) days from the date of service of this Notice, but in no event later than January 31, 2001. In the event you remain in possession of the leased unit beyond January 31, 2001, the date specified for termination herein, and fail to deliver the possession of the leased unit to the landlord, the landlord can seek to enforce the termination of the lease agreement and secure your removal from the leased unit only by initiation a judicial action as required by HUD Transmittal 4350.3, Paragraph 4-21. If a judicial proceeding for and eviction is instituted, you may, at that time present a defense. Department of Housing and Urban Development (HUD) Regulations provide that you ten (10) days within which to discuss the Proposed Notice with the landlord. You may discuss this Proposed Notice by telephoning the office, visiting the office, or by writing a le~r. Served this 6th day of December, 2000. ORCHARD APARTMENTS ATTENCION: Si vd no entiende esta noticia por favor venga ha mi offencina y se lo explicare. P~eTwoofT~ee E X H I B I T ~P-3' FINAL NOTICE TO OUIT TO: Tanisha Dennis 2202 D Cedar Run Drive Extended Camp Hill, Pennsylvania 17011 DATE: December 18, 2000 YOU ARE HEREBY NOTIFIED that as of this date, your lease agreement is terminated because you have committed various substantial and minor violations of the lease agreement, applicable Housing and Urban Development (HUD) regulations, provisions of the Pennsylvania Landlord and Tenant Act, and of the rules and regulations of Orchard Apartments, all of which constitutes "material non-compliance" which term, as outlined in Paragraph 23 of the lease agreement, is defined in part as: "material non- compliance" includes, but it not limited to, non-payment of rent beyond the grace period available under state law; failure to reimburse the landlord within thirty (30) days for repairs made under Paragraph 11 of this agreement; repeated late payment of rent; permitting unauthorized persons to live in the unit; serious or repeated damages to the unit or common areas; creation of physical hazards; serious or repeated interference with the rights and quiet enjoyment of other tenants; failure to repay unauthorized assistance payments; and giving the landlord false information regarding income or other factors considering in determining the tenant's rent". The substantial and repeated minor violations of your lease are as follows: (1) Failure to pay rent fo/the month(s) of; December 2000 in the amount of Thirty-One and 00/100 Dollars ($31.00) per month plus late fees, in violation Paragraphs 3, 5, and 23 of the lease agreement and Paragraph 4-18 of HUD Transmittal 4350.3. (2) Failure to pay rent in a timely manner by the first day of the month and no later than the fifth day of the month as required by Paragraphs 3, 5 and 23 of the lease agreement and Paragraph 4-18 of HUD Transmittal 4350.3. As a result of thc above acts and actions, the landlord is of thc opinion that you have breached the terms of the lease agreement, rules and regulations of Orchard Apartments, and applicable HUD regulations, and have forfeited your right to continue possession of your apartment unit. Page One of Three THEREFORE, YOU ARE HEREBY NOTIFIED to remove from and deliver possession of the leased unit you now occupy at the above address, within the complex know as Orchard Apartments within thirty (30) days from the date of service of this Notice, but in no event later than January 31,2001. In the event you remain in possession of the leased unit beyond January 31, 2001, the date specified for termination herein, and fail to deliver the possession of the leased unit to the landlord, the landlord can seek to enforce the termination of the lease agreement and secure your removal from the leased unit only by initiation a judicial action as required by HUD Transmittal 4350.3, Paragraph 4-21. If you fail to heed this Notice, and remain in the leased unit beyond the date specified for termination herein, I shall be compelled to proceed against you as the law directs, To enforce termination of this lease agreement, and secure your removal from the leased unit, I shall be required to initiate a judicial action as required by by HUD Transmittal 4350.3, Paragraph 4-21. If a judicial proceeding for eviction is instituted, you may at that time present a defense. ORCHARD APARTMENTS ~/eqth' ~son/Assistant Manager Served this 18th day of December, 2000. ATTENCION: Si vd no entiende esta noticia por favor venga ha mi offencina y se lo explicare. Page Two of. Three AFFIDAVIT OF SERVICE The undersigned does hereby verify that he/she served the Final Notice to Quit by placing the Final Notice in the United States mail, postage prepaid, first-class, endorsed with a proper return address, on the 18th day of December, 2000. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifi~~-, _ ssistant Manager The undersigned does hereby verify that he/she seh-~d the Final Notice to Quit by one of the two methods set forth below.: Personally handing the Final Notice to Quit to the tenant or an adult person ' answering the door at the tenant's apartment on the 18th day of December, 2000. By placing Final Notice to Quit under or through the tenant's door and/or posting the the Final Notice on the 18t~ day of December, 2000. (Method of service employed evidenced by checked box.) I understand that false statements ar tp the. e.~...penalties herein made subject of §4904, relating to unswom falsification to authorities.~ r~e~)n~/~on, Assistant Manager 18 Pa. C.S.A. Page Three of Three ORCHARD APARTMENT ASSOCIATES, t/d/b/a ORCHARD APARTMENTS, Plaintiff TANISHA DENNIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001 - 1438 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE I do hereby state that I served a true and correct copy of the COMPLAINT in the above captioned matter by placing the same in the united States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania on April 9, 2001 addressed to: Philip C. Briganti, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (Attorneys for Defendant) Date: ADril 9, 2001 Respe(3~u~ly submitJ~ed, oFF, P.C. ~rda~ ~ Cunnlngham, Es~lre ~~3~44 ~ 23~ No~h Second P. O. Box ~045~ Harrisburg, P~ ~0~-045~ Te~ephone~ (7~) 238-~5~0 ORCHARD APARTMENTS, Plaintiff TANISHA DENNIS, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COLrNTY, PENNSYLVANIA NO. 2001- 1438 CIVIL TERM CIVIL ACTION- LAW NOTICE TO PLEAD TO: Orchard Apartments You are hereby notified to file a written response to the attached Preliminary Objections to Plaintiff's Complaint within twenty (20) days from service hereof or a judgmem may be entered against you. Date Philip C. lttfiganti ? Counsel for Defendant MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ORCHARD APARTMENTS, Plaintiff TANISHA DENNIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- 1438 CIVIL TERM CIVIL ACTION - LAW PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT COMES NOW the defendant, Tanisha Dennis, by counsel, Philip C. Briganti, Esquire, MidPenn Legal Services, and files the following Preliminary Objections to Plaintiff's Complaint: I. Petition Raising Ouestion of Subject Matter Jurisdiction 1. On February 8, 2001, Plaintiff served Defendant with a Proposed Notice to Quit. A copy of this Notice is attached hereto, incorporated by reference and marked as Defendant's Exhibit "A." 2. This Notice, in part, stated as follows: "THEREFORE, YOU ARE HEREBY NOTIFIED to remove from and deliver possession of the leased unit you now occupy at the above address, within the complex known as Orchard Apartments within thirty (30) days from the date of service of this Notice, but in no event later than March 31, 2001. In the event you remain in possession of the leased unit beyond March 31, 2001, the date specified for termination herein, and fail to deliver the possession of the leased unit to the landlord, the landlord can seek to enforce the termination of the lease agreement and secure your removal from the leased unit only by initiation (sic) a judicial action as required by HUD Transmittal 4350.3, Paragraph 4-21 ." See Defendant's Exhibit "A", page 2. 3. On February 21,2001, Plaintiff filed a Landlord and Tenant Complaint before District Justice Charles A. Clement, Jr., the caption of which action is Orchard Apartments v. Tanisha Dennis, Docket No. LT-0000108-01. A copy of this Landlord and Tenant Complaint is attached hereto, incorporated by reference and marked as Defendant's Exhibit "B." 4. The action presently pending before this Court is an appeal taken from the judgment on said Landlord and Tenant Complaint rendered by District Justice Clement on March 8, 2001, following a hearing on the same date. 5. Because Plaintiff filed the above-stated district justice Landlord and Tenant Complaint against Defendant before the lease termination date specified in Plaintiff's Proposed Notice to Quit, and because the district justice hearing was held and a judgment rendered before said date, District Justice Clement lacked, and this court cannot assert on appeal, jurisdiction over the subject matter of this action. WHEREFORE, iDefendant respectfully requests that this action be dismissed, and that she be granted such other and further relief as this court may deem reasonable and just. II. Demurrer 6. Defendant repeats and incorporates by reference her averments set forth above in Paragraphs 1 through 5. 7. Plaintiff's Complaint fails to state a claim for which relief can be granted. WHEREFORE, Defendant requests that Plaintiff's Complaint be dismissed, and that she be granted such other and further relief as this Court may deem reasonable and just. III. Motion to Strike OffComplaint for Failure to Conform to Rule of Court 8. Count I of Plaintiff's Complaint seeks the ejectment of Defendant. 9. Pa. R.C.P. No. 1054, governing actions in ejectment, provides as follows: (a) The plaintiff shall describe the lm~d in the complaint. (b) A party shall set forth in the complaint or answer an abstract of the title upon which the party relies at least from the common source of the adverse titles of the parties. 10. Plaintiff's Complaint does not properly describe the land. 1 l. Plaintiff's Complaint fails to set forth an abstract of the title upon which the plaintiff relies at least from the common source of the adverse title of the parties. WHEREFORE, Defendant requests that Plaintiff's complaint be stricken for failure to conform to the Pennsylvania Rules of Civil Procedure. Respectfully submitted, eh~.~ganti ~ Counsel for Defendant MIDPENN LEGAL SERVICES 8 Itvine Row Carlisle, PA 17013 (717) 243-9400 ORCHARD APARTMENTS, Plaintiff TANISHA DENNIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- 1438 CIVIL TERM CIVIL ACTION - LAW VERIFICATION The above-named defendant, Tanisha Dennis, verifies that the statements set forth in the foregoing pleading are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 P.S. §4904, relating to unsworn falsification to authorities. Date: Tanisha Dennis, Defendant PROPOSED NOTICE TO OUIT TO: Tanisha Dennis 2202 D Cedar Run Drive Extended Camp Hill, Pennsylvania 17011 DATE: February 8, 2001 YOU ARE HEREBY NOTIFIED that as of this date, your lease agreement is being considered for termination because you have committed various substantial and minor violations of the lease agreement, applicable Housing and Urban Development (HUD) regulations, provisions of the Pennsylvania Landlord and Tenant Act, and of the rules and regulations of Orchard Apartments, all of which constitutes "material non-compliance" which term, as outlined in Paragraph 23 of the lease agreement, is defined in part as: "material non-compliance" includes, but it not limited to, non-payment of rent beyond the grace period available trader state law; failure to reimburse the landlord within thirty (30) days for repairs made under Paragraph 11 of this agreement; repeated late payment of rent; permitting unauthorized persons to live in the unit; serious or repeated damages to the unit or common areas; creation of physical hazards; serious or repeated interference wiih the rights and quiet enjoyment of other tenants; failure to repay unauthorized assistance payments; and giving the landlord false information regarding income or other factors considering in determining the tenant's rent". The substantial and repeated minor violations of your lease are as follows: (I) Failure to pay rent for the month(s) of.' January and February 2001, in the amount of Thirty- One and 00/100 Dollars ($31.00) per month, plus late fees, in violation Paragraphs 3, 5 and 23 of the Lease Agreement and Paragraph 4-18 of HUD Transmittal 4350.3. (2) Failure to pay rent in a timely manner by the first day of the month and no later than the fifth day of the month as required by Paragraphs 3, 5 and 23 of the Lease Agreement and Paragraph 4-18 of HUD Transmittal 4350.3. (3) Failure to reimburse Landlord within thirty (30) days for repairs as required by Paragraph 11 a of the Lease Agreement. As a result of the above acts and actions, the landlord is of the opinion that you have breached the terms of the lease agreement, rules and regulations of Orchard Apartments, and applicable HUD regulations, and have forfeited your right to continue possession of your apartment milt. Page One of Three THEREFORE, YOU ARE HEREBY NOTIFIED to remove from and deliver possession of the leased unit you now occupy at the above address, within the complex know as Orchard Apartments within thirty (30) days from the date of service of this Notice, but in no event later than March 31, 2001. In the event you remain in possession of the leased unit beyond Mamh 31, 2001, the date specified for termination herein, and fail to deliver the possession of the leased unit to the landlord, the landlord can seek to enforce the termination of the lease agreement and secure your removal from the leased unit only by initiation a judicial action as required by HUD Transmittal 4350.3, Paragraph 4-21. If a judicial proceeding for and eviction is instituted, you may, at that time present a defense. Department of Housing and Urban Development (HUD) Regulations provide that you ten (10) days within which to discuss the Proposed Notice with the landlord. You may discuss this Proposed Notice by telephoning the office, visiting the office, or by writing a letter. Served this 8th day of February, 2001. ORCHARI~ AP ARTMENT..~.-- ) Keith W~Assistant Manager ATTENCION: Si vd no entiende esta noticia por favor venga ha mi offencina y se lo explicare. Page Two of Three AFFIDAVIT OF SERVICE The undersigned does hereby verify that he/she served the Proposed Notice to Quit by placing the Proposed Notice in the United States mail, postage prepaid, first-class, endorsed with a proper return address, on the 8th day of February, 2001. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authori~ ~ ~ant Manager The undersigned does hereby verify that he/she served-fife Proposed Notice to Quit by one of the two methods set forth below: Personally handing the Proposed Notice to Quit to the tenant or an adult person answering the door at the tenant's apartment on the 8th day of February, 2001. By placing Proposed Notice to Quit under or through the tenant's door on the 8th day of February, 2001, and/or Posting the Proposed Notice to Quit on the tenant's door. (Method of service employed evidenced by checked box.) I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904, relating to unsworn falsification to authorities. Assistant Manager Page Three of Three uUMMUNWEALTN OF PENNS¥,_VANIA ' COUNTY OF: 09.,1-01 CJIARLE~ A. CLEMF-,NT, JR. ^~"": 1106 CARLX~LE ROAD (7171761°4940 17011 LANDLORD AND P ,Nr,:r: TENANT COMPLAINT ORCHARD APARTMENTS 2204 CEDAR RUN DRIVE L CAMP HILL, PA 17011 ¥S. TO THE DEFENOANr: 'rbe above named plainlill(s) a~ks judgment ~ogether with costs agalnsl you for tile possession ct real property and [or: Lease is ~Residenllal [-~ Nonresldenllal. ~ Damages tor injury Io lhe real properly, Io wil: ,~ Damages Ior the unjust delenlion ct the real property in tile amount ~]Rent remaining due and unpaid on tiling dale in the amount ~ And addilional renl remainin~ due and unpaid on hearing dale THE PLAINT. IFF FURTHP-R ALLEGES THAT: ~. The Iocalion and Ihe address, if any, of Ihe real properly is: c~.~.'.~ 2, Tile plainlitf is the landlord of Ihal properly. 3, He leased or renled the property to you or Io 4. c~Not/ce Io quit was given h'~ accordauce wJlh law. or [-~No nolice is required under Iha terms o! tile lease, 5, .~] The term [or which l. he property was leased or renled is lully ended, or ~,-~A todeilure has resulled by reason o! a b, reach o! Ihe condilions o! Ihe tease, lo wil: ~n! reset, ed and due has, upon dema0d, remained unsatisfied. 6. You relaln Ihe real properly and retuse lo give Up Ils possession. IOocket No.: LT-108-2001 J Oale Filed: 2/21'/2001 Amounl Filing Cosls $ 56.50 / / 8ewice Cosls $ 25.00 Total $ 8].5o in Ihe amounl o~: $ $ Tolal: $ 50 "~Z- under whom you claim. ;;re rue'~n~ eorrecJo the b~st el,ny knowledge, information and belle!, This s[atement!s' .m, sde.,subjecl I.o, lh,e., penalties o~ Sect;on 4904 el Ihe Crimes Code (f8 PA, C. S. ~ 4g04) re~lsmcauon ~o aumormes. gn~re of Plalmill) IF YOU HA~E A DEFENSE Io Ibis complalnl you may presenl II al Ih~ hearll]g. IF YOU NAVE A CC~ againsl Ihe plah]ll~t arising oul ot Ihe ' occupancy ol Ihe premises, which Is I~ lira ~slricl luslice luflsdlcflon and which you Inland lo asserl al Ihe heroins, YOU MUST FILE II on a comp a nl lorn al s olllce BEFORE TIE TIBE se lot lira hare'lng, IF YOU DO NOT, APPEAR AT THE I IEARING. a Judgmm~l for possession ~ ~ cos s ~ d or da n~ges a ~d ertl I claimed, may nevmlhelessbe eHle~ed agallml you. A Judgmenl agalnsl you Ior possession may resull In your EVICTION ~rom ~he premises. II you ared sabled mid require asslslance, please conlacl the Magisler al D s r ct o I ce el he CERTIFICATE OF SERVICE I, Philip C. Briganti, hereby certify that I am this 30th day of April, 2001, serving a copy of the foregoing Notice to Plead and Preliminary Objections to Plaintiff's Complaint upon Plaintiff, by mailing a true copy of the same to Plaintiff's counsel at the following address by first-class U.S. mail, postage prepaid: Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 · '~ . 'ganti~ Counsel for Defendant MIDPENN LEGAL SERVICES. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400