HomeMy WebLinkAbout01-1577'/EALTN OIr PENNSYLVANIA
COURT OF COMMON PLEAS
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No- 01.-/~''~"'~' C,~l/
NOTICE OF APPEAL ~-/~ ~0 /
~fi~ is gi~ ~t t~ ~l~nt ~s fi~d in t~ a~ Court of C~ P~s an a~l f~ the j~g~nt re~ed ~ the ~striO J~t~e ~ ~
~ ~ in ~ ca~ ~ ~1~
Tonyka Thomas harles A Clement, Jr.
2207 B Cedar Run Drive Camp Hill PA 17011
3/8/01 ~rch~rd Apartments ~ Tonvka Thomas
~ ~~MidPenn Legal Services
[~ ]gLT-00080Bq-~l ~ ~n~l~ u. ~r~gans~ Carli~lc PA 17013
~ ~k will ~ ~ ONLY ~en this ~ is required u~ P~ R.CRJ.P. N~ If a~ll~t ~ CLAIMANT (S~ ~. R.C.P.J.P. NO.
1 ~8&
~ ~t~e of A~aL ~ ~ei~ by t~ District Justice, will ~te as a 1~1 (6)in ~ti~ bef~e Dis~ct J~tice, ~e MUST
~PERSEDEAS ~ ~ j~m ~ ~s~ in this c~s~ FIL~ A COMPLAINT within twenty (20) days after
S~ature of ~t~y ~ ~tV
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellent was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, deasch from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon Orchard Apartments , appe41ee(s), to file a complaint in this apl:mat
Name o~ apse/leers)
(Common Pleas No. ~ / --/~' 7 ~ ) within twenty (20) days after ser/~,~.of ru~ or su ~ff-er en~y~of judgment of non pros.
RULE~ To , oppalee(s).
Orchard Apartments
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mail
{2) If you do not file a complaint w/thin this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO F~LE COMPLAINT
(Th~proofcfservccbfUST~E~:f EI) ~' TH~N TE~r! /~AYSA~: ~ t~:~ o c~ ~ :~ ;w~ "~ .~J ~b/e~oxe:
CO~ONW~ALTN OF P~NNSYLVAN~
COUNTY OF ; ~
AFFIDAVIT: h~=reby Swear or affr[ that t r, erve(
............. 19 .... {~ ~y persor*a~service ] by (certified) (regstered) mad se~ders ece~pt ¢ltached heeto
[~ and(urtherthatlservedtheRuetoF~leaCom~ a~taccomp r*9 U,eaboveNotoeofAppea boo t~espoe¢lee(s)tow~<)'
¢~( Rue was addressed on , 19- ...... [~ by persopa~servce } by (ceftte(( :'g;:,e{
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. NO.:
09-1-01
DJ Name: Hon,
CHARLES A. CLEMENT, ,JR.
A~dre.: 1106 CARLISLE ROAD
CAMP HILL, PA
Tel.phone: (717) 761-4940 17011
TONYKA THOMAS
2207 B CEDAR RUN DR
CAMP HILL, PA 17011
T~IS IS TO NOTIFY YOU THAT:
~' JUdgment:
, ~ FOR PT.AINTIFF
~'~ Judgment was entered for: (Name) ORCHARD APARTMENTS
Judgment was entered against THOMAS, TONYKA
~-~ Land[ordFrenant action in the amount of $ 1,326.50 on 3/08/01
The amount of rent per month, as established by the District Justice. is $
The total amount of the Security Deposit is $ .00
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
F-ORCHArD APARTMENTS 'q
2204 CEDAR HUN DRIVE
CAMP HILL, PA 17011
VS,
DEFENDANT: NAME and ADDRESS
F-THOMAS, TONYKA ~
2207 B CEDAR RUN DR
CAMP HILL, PA 17011
DocketNo.: LT-0000083-01 ~
Date F ed: 2/07/01
in a
· (Date ofdudgment)
120.00.
Rent in Arrears
Physical Damages Leasehold Property
Damages/Unjust Detention
[-~ Attachment Prohibited/
Victim of Abuse (Act 5, 1996)
~---~ This case prejudice.
dismissed
without
~ Possession granted.
Amount Establish d J ,.~ess. Security Deposit ApEILed = AdjudicaJ.e,d2A~nEo.ust..
$ .00
~ Possession granted if money judgment is not sat~shed by t~me ot eviction.
~ Possession not granted.
N--]Levy is stayed for__
$ .00-$ .00 = $
$ .00 -$ .00$ .00
Less Amt Due Defendant from Cross Complaint -- $ . O0
Interest (if provided by lease) $ . O0
UT Judgment Amount $ 1., 24~. O0
Judgment Costs $ 81.50
Attorney Fees $ . OD
Total Judgment $ 1,326.50
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
days or [--] generally stayed.
[--]Objection has been filed and will be held:
to
Levy
hearing
Date: Place:
[---~ Defendants are jointly and severally liable.
Time:
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 P~iOTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, C V L O V S ON. THIS APPEAL WILL INCLUDE AN APPC:AL ~F THeE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEA$, THE APPELLANT MUST DEPOSIT WITH THE PROT'HONOTARY/CLERK'OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPE.AL IS FILED. ~ 4, *
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESJDENT[A~ [~E~'SE~ THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NoTIcE OF AppEAL~'H~'I~IcI~THQNOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. ,¢ :? ;, ' ' *,, "~"
THE PART,,MaINe AN APPEAL MUST INCLUDE A COPY OJ~fl",l'16 NO'~JU~MENT/TR,~NSCR'iI~oRM ~i'~H 3:4~'E NOTICE OF APPEAL.
HAH 1 7. ZUu] , ? ~'. ;; ",
Date ~ ~-4)- ~ '~,' i:., ,,, Distri,ctJustic~, ;
I certify that this is a true and correct copy of the record of the procee~rmgs cont~iq lag the, udgment. '1 ;
Date . % , District JusticeI .
My commission expires first Monday of January, 2002. 'SEAL ~ : ,
ORCHARD APARTMENTS,
Plaintiff
TONYKA THOMAS,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. CI¥~L TERM
1. I, Tonyka Thomas, 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 and a judgment for alleged back rent,
2. My rent for this apartment, located at 2207B Cedar Run Drive, Camp Hill, Cumberland
County, Pennsylvania is $120 per month and is due by the 5ta of the 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:
mas, Defendant
ORCHARD APARTMENTS,
Plaintiff
Vo
TONYKA N. THOMAS
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.~':'/* CIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Tonyka N. Thomas, Defendant, to proceed in forma pauperis.
I, Philip C. Briganti, 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 services to the party. The party's affidavit
showing inability to pay the costs of litigation is attached hereto.
Philip ~.~figfiganti
Attorney for Defendant
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
ORCHARD APARTMENTS,
Plaintiff
TONYKA N. THOMAS
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
. ~¢_ '~ '~
NO. o~ CIVIL TERM
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
1. I am the defendant in the above matter and because of my financial condition am unable to pay the
fees and costs of prosecuting, defending, or appealing the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of
litigation.
3. I represent that the information below relating to my ability to pay the fees and costs is true and
correct.
(a) Name:
Address:
Tonyka N. Thomas
2207B Cedar Run Drive
Camp Hill. PA ~7011
Co) Social Security Number:
If you are presently employed, state
Employer:
Address:
173-56-5546
RMH Teleservices
415 Fallowfield Rd.
Camp Hill. PA 17011
Salary or wages per month: $494/mo (net0)
Type of work: Telemarketer
If you are presently unemployed, state
Date of last employment:
Salary or wages per month:
Type of work:
(c) Other income within the past twelve months
Business or profession:
Other self-employment:
Interest:
Dividends:
Pension and annuities:
Social Security benefits:
Support payments:
Disability payments:
Unemployment compensation and
supplemental benefits:
Workman's compensation:
Public Assistance:
Other:
N/A
N/A
N/A
N/A
N/A
$177/mo Survivor's benefits for child
$651/month
N/A
N/A
N/A
$130/month in food stamps
N/A
(d) Other contributions to household support
(Wife)(Husband) Name: N/A
If your (husband) (wife) is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
(e) Property owned
Cash: $0
Checking Account: $110
Savings Account: N/A
Certificates of Deposit: N/A
Real Estate (including home):
Motor vehicle: Make Ford Taurus
Cost $700
Stocks; bonds:
Other:
(f) Debts and obligations
Mortgage:
Rent: $120/month
Loans: N/A
N/A
N/A
Year
Amount owed
N/A
N/A
1989
$0
9years
7years
4&2years
(g) Persons dependent upon you for support
(Wife) (Husband) Name:
Children, if any:
Name: Kaxeem Pitts
Shaquille Pitts
Sha'pier & Na'neen Thomas
Age:
Monthly Expenses: Groceries $300: Electric $85: Telephone $60: Daycare $200: Clothing $100:
Cable $64: Automobile Insurance $58; Credit cards $80: Miscellaneous expenses $200; Gas (vehicle) $80
4. I understand that I have a continuing obligation to inform the court of improvement in my
financial circumstances which would permit me to pay the costs incurred herein.
5. 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:~'/L~
Tonyka-t~. Thomas, Defendant
COMMONWEALTH OF PENNSYLVAHIA NOTICE OF APPEAL
COURT OF COMMON PLEAS
FROM
JUDiCiAL DiSTRiCT DISTRICT JUSTICE JUDGMENT
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 Distr/ct Justice on the
date and in the case mentioned below.
R.C.PJ.P. N~ If ~ll~t ~s CLAIMANT (s~ ~. R.C.P.J.P. No.
will ~em~
FILE A COMPLAINT within twe~y (20) ~a~ after
' filing his NOTICE of A~EAL.
Jo FILE COMPLAINT AND RULE TO FILE
/~ u~ a~ll~).
[~b~/.~E',gb:8,:P/p'bo.~J';"" ~.~ ' '; "~ ................... 1 , a~s), ~ tile a c~pmrnr rn mis a~
-~;t~'s~' ~'2/~;~ ........ : ........ ; ....... ; .................. -
ro,.*~o,t~,,~.~ t3.7~ ) ~ / -' 5/ - 7'
c~ ;---- >-~ ~- ..... 7~ ..... ; 5'~';) ................ ~ ~ ~ ~ o c~ain, in ~,, o~o' wi~in ,~ty (20) d~, a~ ,~ d~. of
(2) ~ ~ ~o ~ ~ ~ c~inf w~n th~ ~, ~ JU~ ~ ~N P~S ~LL BE ENTERED AGAINST YOU.
(3) ~ ~ ~ ~e of mis ru~ ~ ~ ~ mil ~ ~ da~ o[ ~ili~
COURT FILE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FiLE CON, PLAINT
. ~o ~ e ho {eo~Appe~L Comme~ Pleas No 0~'}~'7'~ po~the Osrc Jusb'ed~ n n
T} by pe sooa~ service ~T'(certffied} (~) mad, sende s r~ce p~ a tached ~'
SWORtx (A F~aM~ZD A? )SUBSCriBED f}FFO~[/ MF
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.
Philip C. Briganti r
ORCHARD APARTMENT
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
TONYKA THOMAS, :
Defendant :
TO DEFENDANT NAMED HEREIN:
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - 1577 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 per abogado y
archivar en la corte en forma escrlta sue defensas o sue
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 arise o
notificacion y per cualquier queja o alivio que es pedido en
la peticion de demanda. Usted puede perder dinero o sue
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 ENCUENTP~AESCRITAABAJOPA~AAVERIGUARDONDE
SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
COFF, P.C.
Date: ~./~/ ~dan '/.~/,~/n~nl. n~ham, E s ~ire
~2~'0 ~N2o3r~h~ Second 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, : NO. 01 - 1577
Plaintiff :
v. : CIVIL ACTION - LAW
TONYKATHOMAS, :
Defendant :
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, TONYKATHOMAS, is an adult individual
who resides at 2207-B 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
ORCF~%RD 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 September 26, 1997, Defendant executed
a Lease Agreement by the terms of which the Defendant leased
from the Plaintiff an apartment located at 2207-B Cedar Run
Drive Ext., Camp Hill, Cumberland County, Pe~_nsylvania for an
initial term beginning September 26, 1997 and ending September
30, 1998, after which initial term, the Lease continued on
successive terms for one (1) month each. Defendant, pursuant
to the terms of the Fair Housing Act, receives the benefit of
housing assistance payments, under a federal program commonly
referred to as the Section 8 Housing Program and thus
Defendant's share of the rent has fluctuated over the years
based upon her income. In July and August, 2000, the
Defendant's share of the rent was Two Hundred Thirty Three and
00/100 Dollars ($233.00) per month; in September, 2000, the
Defendant's share of the rent was Two Hundred Eighty Three and
00/100 Dollars ($283.00) per month; and effective October,
2000 to present Defendant's share of the rent has been One
2
Hundred Twenty and 00/100 Dollars ($120.00) per month. A true
and correct copy of the original Lease Agreement for 2207-B
Cedar Run Drive Ext., Camp Hill, Cumberland County,
Pennsylvania is attached hereto, made part hereof and is
marked Plaintiff's Exhibit "P-i".
5. The Defendant agreed to abide by the terms set forth
in the Lease Agreement which specifically states in Paragraphs
3 and 5 of the Lease that rent is due and owing on the first
(1st) day of each month and if rent is not paid by the fifth
(Sth) day of each month, a late fee of Five and 00/100 Dollars
($5.00) is owed, together with One and 00/100 Dollar ($1.00)
per day for each additional day after the fifth (Sth) day of
the month the rent remains unpaid during the month it is due.
6. Plaintiff receives rent subsidies under the
provisions of the Fair Housing Act of 1937 for qualifying
tenants, under a program commonly referred to as the Section
8 Program. The amount of rent subsidy received for each
tenant and the tenant's share of the rent is based upon the
tenant's income and household composition.
7. The Defendant failed to pay monthly rental payments
in a timely manner in the months of February, 1998; May, 1998;
June, 1998; July, 1998; October, 1998; November, 1998;
December, 1998; January, 1999; March, 1999; April, 1999; May,
1999; June, 1999; July, 1999; December, 1999; April, 2000;
June, 2000; July, 2000; August, 2000; September, 2000;
October, 2000; and December, 2000.
8. The Defendant failed to pay the monthly rent for the
months of July, 2000; August, 2000; September, 2000; October,
2000; November, 2000; and December, 2000.
COUNT I iN E~ECTMENT
9. Plaintiff incorporates Paragraphs i through 8 of the
Complaint as if more fully set forth herein.
10. The Plaintiff's agent, Deb Anstine, after a review
of the Defendant's rental history, reached a decision to
terminate the Defendant's Lease Agreement and/or not renew the
Defendant's Lease Agreement for the following reasons:
4
(a) Defendant's failure to pay rent in a
timely manner in accordance with Paragraphs 3 and 5
of the Lease Agreement in the months of February,
1998; May, 1998; June, 1998; July, 1998; October,
1998; November, 1998; December, 1998; January,
1999; March, 1999; April, 1999; May, 1999; June,
1999; July, 1999; December, 1999; April, 2000;
June, 2000; July, 2000; August, 2000; September,
2000; October, 2000; and December, 2000, all which,
in the opinion of the Plaintiff, represents a
substantial violation of the terms of the Lease
Agreement, Rules and Regulations of the apartment
complex and HUD Regulations, specifically
Paragraphs 3 and 5 of the Lease Agreement and
Section 4-18 of the ~ Technical Handbook,
Transmittal 4350.3. The Defendant's actions also
represent a material non-compliance with the terms
and conditions of the Lease Agreement as defined
under HUD Regulations and Paragraph 23 of the Lease
Agreement.
(b) The Defendant's failure to pay rent for
the months July, 2000; August, 2000; September,
5
2000; October, 2000; November, 2000; and December,
2000, which in the opinion of the Plaintiff,
represents a substantial violation of Paragraphs 3
and 5 of the Lease Agreement, the Rules and
Regulations of the apartment complex, and HUD
Regulations set forth in Section 4-18 of the ~
Technical Handbook, Transmittal 4350.3, all of
which constitutes a material non-compliance with
the terms of the Lease Agreement as that term is
defined under Paragraph 23 of the Lease Agreement
and the applicable HUD Regulations.
ll. The Plaintiff has not defaulted in its
responsibility to provide a habitable premises to the
Defendant and is of the opinion and therefore avers that the
premises being occupied by the Defendant are in such a state
as not to violate the applied warranty of habitability owed by
the Defendant to the Plaintiff.
12. On December 6, 2000, the Defendant was properly
served by the Plaintiff, at the Defendant's residence, with a
Notice of Proposed Termination of her Lease Agreement. The
Notice of Proposed Termination was served in accordance with
6
HUD Rules and Regulations and the Pennsylvania Landlord/Tenant
Act. A true and correct copy of the Notice of Proposed
Termination is attached hereto, made part hereof and is
incorporated herein by reference as Plaintiff's Exhibit "P-2".
13. On December 18, 2000, the Defendant was properly
served by the Plaintiff, at the Defendant's residence, with a
Notice to Quit. The Notice to Quit was served in accordance
with HUD Rules and Regulations and the Pennsylvania
Landlord/Tenant Act. A true and correct copy of the Notice to
Quit is attached hereto, made part hereof and is incorporated
herein by reference as Plaintiff's Exhibit "P-3"
14. The Defendant, although requested to do so by the
Plaintiff, has refused to surrender 2207-B Cedar Run Drive
Ext., Camp Hill, Cumberland County, Pennsylvania, to the
Plaintiff and has since the time that she received the Notice
to Terminate and Notice to Quit, has continued to remain in
possession of said apartment.
WHEREFORE, Plaintiff demands entry of judgment against
the Defendant, TONYKA THOMAS, and in favor of the Plaintiff on
the issue of material non-compliance with the terms of the
7
Lease Agreement, Rules and Regulations of the apartment
complex, Pennsylvania Landlord/Tenant Act and HUD Regulations;
and Plaintiff further demands it be granted possession of
2207-B Cedar Run Drive Ext., Camp Hill, Cumberland County,
Pennsylvania, together with costs and interest.
COU~T II - IN ASSUMPSIT
15. Plaintiff incorporates by reference Paragraphs 1
through 14 of the Complaint as if more fully set forth herein.
16. The total monetary damages sought by the Plaintiff
as against the Defendant are as follows:
Rent Arrearage:
June, 2000 (partial) $ 131.00
June, 2000 (late fee) 30.00
July, 2000 233.00
July, 2000 (late fee) 30.00
August, 2000 233.00
August, 2000 (late fee) 30.00
September, 2000 283.00
September, 2000 (late fee) 30.00
October, 2000 120.00
October, 2000 (late fee) 30.00
November, 2000 120.00
November, 2000 (late fee) 30.00
December, 2000 120.00
December, 2000 (late fee) 30.00
Credit <205.00>
TOTAL .................. $ 1,245.00
8
17. The Defendant's rent is subsidized by the federal
government under a program commonly known as the Section 8
program and Defendant's rent is presently One Hundred Twenty
and 00/100 Dollars ($120.00) per month, however, if during the
pendency of this litigation Defendant obtains employment then,
in that event, Defendant's rent may be increased.
WHEREFORE, Plaintiff demands entry of judgment in favor
of the Plaintiff and against the Defendant, TONYKA THOMAS, in
the amount of One Thousand Two Hundred Forty Five and 00/100
Dollars ($1,245.00), and any further rent and late fees that
may be incurred and unpaid from the date of this Complaint to
conclusion of this litigation, together with costs and
interest.
Date:
Respectfully submitted,
~~t~OFF, P.C.
.
~orda~z~. Cunningham, Esquire
// I.D. ~,~3~44
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Plaintiff)
bi\docs\complain\orchard.tho
9
Z, Deb Ans~:i~e,
b~ltef. I ~ders~d. ~t false statements ~rein are made
s~J~ct ~o ~he
~sworn falsification
E X H I B I T ~P-1M
ICHARD APARTMENTt~
.............................. RESIDENTIAL LEASE AGREEMENT
1. PARTIER AND DWELLING UNIT:
The parties to this Agreement are ORCBARD APARTMENTS
as the Tenant. The Landlord leases to the Tenant unit number 2 ~' 0 7 --H
ORCHARD APARTMENTS
in Ihe project known as
LENGTH OF 'HME (TERM):
Tbe initial term of fhid Agreement shall begin on S]~- I~-P~HR 26,1997 and end on
SEP~F,~BIgR 30,1998 . After the initial lerm ends, the Agreement will conbeue for successive terms
of one year each unless automatically termina~eg as permided by paragraph 23 of this Agreement·
The Tenant agrees to ~LI~' 1 *~ for the padial month ending on 9 / 3 0 / 9 7 . After Ihat, Tenard agrees to pay a rent of
$~l~=~.OJ~. e~r'monlh. This amount is due on the first day of the monlh at 2204 Cedar Run
Drive Camp Hill. Pa. 17011 / Rental Office
The Tenant understands that Ihis monlhly ren~ is less Ihan the market (unsubsidized) rent due on this un~l. This lower rerd is available eilher because
the mortgage on this project is subsidized by Ihe Department of Housing and Urban Devefopment (HUD) and/or because HUD makes monthly pay-
merits to the Landlord on behalf of the TenanL The amount, if any, that HUD makes available monlhly on behalf of the Tenant is called the tenant
assistance payment and is shown on the ~Assistance Payment" line Of the Certification and Recertgicaben of Tenant Elioibilgv Form which is
Ahachment No. 1 to this Agreement,
CHANGES IN THE TENANT'S SHARE OF THE RENT:
The Tenard agrees that the amount of rent the Tenant pays and/or the amount of assistance that HUD pays on behalf ot the Tenant may be changed
during the term Gl this Agreement if;
a HUD or lhe Contract Administrator (such as a Public Housing Agency) determines, in accordance with HUD procedures, that an increase in
rents is needed;
HUD or the Contract Administrator changes any allowance for utilities or services considered in computing the Tenants share of Ipa rant;
c. The income, the number Gl persons in the Tenant*s household or other factors considered in calculeting the Tenant's rent change and HUD
procedures provide that the Tenant's rent or assistance payment be adjusted lo reflect the change;
d/ Changes in the Tenanl's rent or assislance payment are required by HUD's recerdficatlen or sube~dy lerminalion procedures;
e. HUD's procedures for computing Ipa Tenant's assistance payment or rent change; or
The Tenant tails to provide information on his/her income, lemily composition or olher factors as required by the Landlerd.
The Landlord agrees lo implemerd changes in the Tenard's rent or lenard assistance payment only in accordance with the time Irames and admin-
istrative procedures set forth in HUD's handbooks, instructions and regulations releted to administration ot multi-family subsidy programs. The
Landlord agrees to give the Tenanl at least 30 days advance written notice of any Increase in the Tenant's rent except as noted in paragraphs 11,
15 or 17. The Notice will state the new amount the Tenant is required to pay, the date the new amount is edective, and the reasons for the change
in rent The Nctice wifi also advise the Tenanl 1hal he/she may meet with Ihe Landlord to discuss the rent change.
CHARGES FOR LATE PAYMENTS AND RETURNED CHECKS:
If the Tenant does not pay the full amourd on Ihe rent shown in paragraph 3 by the end of the 5th day of the month, the Landlord may collect a fee
ot $5 on the 5th day of the mordh. Thereafter, the Landlord may co#act $1 for each additional day the rent remains unpaid during the month it is
due The Landlord may not terminale this Agreemenl lot failure fo pay late charges, but may ~erminate this Agreemenl for non-payment of rent, as
explained in paragraph 23. The Landlerd may collecl a fee of $ on the first or any additional time a check is not honored
for payment (bounces). The charges discussed in this paragraph are in addition to Ihe regular ~nonlhly rani payable by the Tenant.
CONDITION OF DWELLING UNIT:
By signing this Agreement, the Tenant acknowledges that the unit is sale, clean and In good condition. The Tenant agrees ~hat all appliances and
equipment in the unit are in gcod working order, except as described on the Unit inspection Rem3rl which is Aftachment NO. 21o this Agreement.
The Tenant also agrees thai the Landlord has made no promises lo decorate, a~ler, repair or improve the unit, except as listed on the Unit Insr~eclion
CHARGES FOR UTILITIES AND SERVICER:
The foflowing charts describe how the cost of utilities a~d services related to occupancy Gl the unit will be paid. The Tenant agrees that these charts
accurately describe the utilities and services paid by the Landlord and those paid by Ihe Tenant·
a The Tenant must pay for the utilities in column (1). Payments should be made directly to the appropriate utility company. The items in column
(2) are included in/he Tenant's rent:
(f)
Put "X' by any Utility
Tenant Pays Directly
x
x
X
x
CABL~
PHONE
(2)
Put "X" by any Utility
Included InTenant Rent
x
x
8. SECURITY D~OSIT$: ALb ~F~ILITY HOOK-UPS
The Tenant has deeqsited $ ~ ,~ .~ ~ ~ wilh the Landlord· The Landlord will hold this security deposit for the pericd Ihe Tenant
occupies the unit After the Tenant has moved from the unit, the Landlord will delermine whelher the Tenard is eligfo~e Iora refupa of any or all of
the security beposil The amount of Ihe refund will be determined in accordance with the following conditions and procedures;
a. The Tenant wifl be eligible for a refund of the security deposit only il the Tenant provided the Landlord with the 30-day written notice of intent to
move required by paragraph 23, unless the Tenant was unable to give the notice tot reasons beyond his/her control.
b, After the Tenant has moved from the unit, Ihe Landlord wi# inspect the unit and complete another Unit Insbeclion ReoorL The Landlord will
permit the Tenard to par licibete in the inspection, if the Tenant so requests.
c. The Landlord will refund to Ihe Tenant the amount of lhe security deposit (plus interest computed at %,
beginning ), less any amount needed Io pay the cost of:
?
(3) charges for late payment of rent and returned checks, as described in paragraph 5; and
(4) charges for unreturned keys, as described in paragraph 9.
d. TheLandlordagreestorefundtheamountcomputed}nparagraph8cwithln __ ~0 daysaflertheTenanthaspermanentlymoved
oul of {he unit, returned possession of the unit {o the Laedlord, and give his/her new address to the Landlord. The Landlord wi# also give the
Tenant a written list of charges that were subtracted from the deposit, if the Tenant disagrees with the Landlord concerning the amounts
deducted and ask~ to meet wgh the Landlord, the Landlord agrees to meet with the Tenant and informaliy discuss the disputed charges,
e. if the unit is rented by more than one person, the Tenants agree that they will work out the details of dividing any refund among themselves.
The Landlord may pay the refund to any Tenant identified in paragraph 1 of this Agreement.
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 to install additional er different locks or gates on any doors or windows of the unit without the written permission ol the
Landlord. If the Landlord approves Ihe Tenant's repeesf to inst all such locks, the Tenant agrees to provide the Landlord with a key for each lack.
When this Agreement ends, the Tenant agrees to return all keys to the dwelling unit to the Landlord. The Landlord may charge the Tenant
$ q R '~ for each key not returned, (Not to exceed what ~ocksmith charges for each key not returned.)
10. MAINTENANCE:
a. The Landlord agrees to:
(1) regularly clean all common areas of the prolect;
(2) maintain the common areas and facilifies in a sate condition;
(3) alrange for collection and removal of Irash and garbage;
(4) maintain all equipmeut and appliances in sa~e and working order;
(5) make necessary repairs with reasonable promptness;
(6) maintain exterior lighting in good working order;
(7) provide extermination services, if necessary; and
d. atlach or place any fixtures, signs, or fences on the building[s), Ihe common areas, or the project grounds;
14. RULES:
The Tenant agrees to oLay the House Rules which are A0acbmect No. 3 to this Agreement. The Tenant agrees to obey additional rules estabhsheq
after the effective date of this Agreement if:
a. the rules are reasonabfy related lo the safafy, care and cleanliness el the building add the safely, comfort and convenience of Ihe Tenants; and
b. Ihe Tenant receives wriben notice of {he proposed rule at least thirty (30) days brdore Ihe rule is enforced.
15. REGULARLY SCHEDULED RECERTIFICATIONS:
Every year around the f~.Z'S~, day ct ,.70~1e the Landlord wilt request the Tenant to report the income
a~l composition of the Tenant's household and to supply any olher information required by HUD for Ihe purposes of determining the Tenant's rent
and assistance payment, if any. The Tenant agrees to provide accurate statements et this edormaedn and to do so by the date specified in the
Landlord's request. The Landlord will verify the information supplied by the Tenant add use the wbfieq information to recompote the amount of the
Tenant's rent and assistance payment, if any.
a. If the Tenant does not submit the required certification information by the date specified in the Landlord's request, ~he Landlord may impose the
fo]fowing penalties. The Landlord may implement these penalties only in accordance with the admintslrative procedures and time frames
specified in HUD's regulations, handbooks and instructions related to the adminislratidn el mu~ti-family subsidy programs.
(1) Requfte the Tenant to pay the higher, HUD-approved market rent for the unit.
(2) Impidment any increase in rent resulting trom the recertification processing without providing the 30-day notice otherwise required by
paragraph 4 of this Agreement.
b. The Tenant may request to meet with Ihe Landlord to discuss any change In rent or assistance payment resulting from the recertiticalion
processing, If the Tenant requests such a meeting, the Landlord agrees to meal with the Tenant and discuss how the Tenant's reel and assis-
lance paymenh il any, were computed.
16, REPORTING CHANGES BETWEEN REGULARLY SCHEDULED RECERTIFICATIONS:
a. ~ If any o~ the following changes Occur, the Tenant agrees to advise the Landlord immediately:
(1) Any household member moves out of the unit.
(2) Any adult member of the household who was reported as unemployed on the most recent cerdficalion or recertification obtains empidy-
(3) The household's income cumulatively increases by $40 or more a month.
b The Tenant may report any decrease in income or any change in other factors considered in calculating the Tenant's rent. Unless the Landlord
has conlir mation that the decrease in income or change in other factors will las{ less than one mocth, the Landlord will verify {he Information
and make the appropriate rent reduction. However, il the Tenant's income will be partially or tully restored within t~fo months, the Landlord may
delay the certification prccass until the new income is known, but the rent reduction will be retroactive add the Lancftord may not evict the Tenant
for nonpayment ct rent due during the pericd of the reported decrease and the completion rd the certification process. The Tenant has thirty
(30) days after receiving wriben notice of any rent due for the above described time period to pay or the Landlord can evict for nonpayment of
rent, (Revised 3/22~89.)
c. If the Tenant does not advise the Landlord of these interim changes, the Landlord may increase the Tenant's rani to the HUD*approveq market
rent, The Landlord may do so only in accordance with the time frames and administrative procedures set forth in HUD's regulations, handbooks
and instructions on the administration of multi-family subsidy programs,
d. The Tenant may request to meet with the Landlord to discuss how any change in income or other factors affected his/her rent or assistance
payment, if any. it the Tenant requests such a meeting, {he Landford agrees to meet with the Tenant and explain how the Tenant's rent or assis*
lance payment, it any, was computed,
17. REMOVAL OF SUBSIDY:
a. The Tenant underslands that assistance made avaifable on his/her behalf may be terminaled if events in either items (1) or (2) below occur.
Termination of assislance means that the Landlord may make lhe assbllance available to ancther Tenant and the Tenant's rect will be racom-
puled. In addition, if the Tenant's assistance is terminated because of criterion (1) below, the Tenant will La required to pay the H UD-approved
market rani for the unit.
{1 ) The Tenant does not provide the Landlord with the information or reports required by paragraph 15 or 16 within lan (10) calendar days
after receipt Of the Landidrd's notice or ictent to terminate the Tenant's assistance payment.
(2) The amount the Tenant would be required to pay towards rent and utilities under H~JD ruics and regulalions equals the Family Gross Rent
shown on Attachment 1.
b. The Landlord agrees to give theTenant wdften nolice el tLa proposed termination. The notice willedvise Ihe T enact that, during tLa ten (10)
calendar days following lhe date of the notice, he/she may request to meet with the Landlord to discuss Ihe proposed termination el assistance.
Il the Tenant requests a discussion of the proposed termination, the Landlord agrees to meet with the Tenant.
c. Termination el assistance shall not affect the Tenant's other rights under this Agreement, including lhe dght lo occupy the unit. Assistance may
subsequently be reinstated it the Tenanl submits the income or other data required by HUD procedures, the Landlord befarmines the Tenant is
eligible for assistance, and assistance is available
18. TENANT OBLIGATION TO REPAY:
II the Tenant submits idlse information on any application, certification or request for interim adjustment or does not report interim changes in family
income or other/actors as required by paragraph 16 el this Agreement, and as a result, is charged a rent less than the amount required by HUD's
rent formulas, the Tenant agrees to reimburse the Landlord ~or the difference between the rent he/she sbeuid have paid and the rent he/sLa was
charged. The Tenanl is not required to reimLarse the Landlord for undercharges caused solely by the Landlord*s failure to follow HUD's procedures
for computing rent or assistance payments.
19, SIZE OF DWELLING:
The Tenant understands that HUD requires the Landlord to assign units according Io the size Of the household and the age and sex of the house-
hold members. If Ihe Tenant is or Lacomes eligible for a different size unit, and the required size unit becomes available, the Tenant agrees to:
a. move within thirty {30) days aher the Landlord notifies him/her that a unit of tl~e requiced size is available within the project; or
b. remain in the same unit and pay the HUO-approved market rent.
20. ACCESS BY LANDLORD:
The Landlord agrees to enter the unit only during reasonable hours, to provide reasonable advance notice of his/her intent to enter the unit, and to
enter the unit only after receiving the Tenant's consent to do so, except when emergency situations make such notices impassible or except under
paragraph (c) below,
a. The Tenant agrees to permit the Landlord, his/her agents or other persons, when authorized by the Landford, to enter the unit for the purpose
22. CHANGE IN RENTAL AGREEMENT:
The Landlord may. with the prior approval of HUD, change the lerms and conditions of Ihis Agreement. Any changes wilt become effective only at
~he end of the initial term or a successive lerm. The Landford musl nnt fly the Tenant of any change and must offer the Tenant a new Agreement or
an amendment lo the existing Agreement. The Tenant must receive the notice at least sixty (60) days before the proposed efiective date nt the
change. The Tenant may accept the changed terms and cortdilJons by signing the new Agreement or the amendment Io the existing Agreement and
returning it lo the Landlord. The Tenant may retect the changed terms and condlfions by giving lbo LandlOrd written notice that be/ode intends to
terminate the lenancy. The Tenant must give such notice al leasl thirty (30) days before the proposed change will go into effect. If the Tenant does
not accept Ihe amended Agreement, the Landlord may require the Te0a~lt to move Imm the project, as provided in paragraph 23.
23, TERMINATION OF TENANCY:
a. To terminate this Agreement, the Tenant must give the Landford thirty (30) days written nolice before moving Irem the unit It the Tenant doe~
not give the lull 30*day notice, the Tenant shall be Itab~e for rent up the end nt Ibe Ihlrty (30) days for which notice was required or to the date
the unit is re~mntep, whichever date comes first.
b. Any termination of this Agreement by the Landlord must he carried o~t in acCordanCe with HUD regulations, state and local law, and the terms
ot this Agreement. The Landford may terminate this Agreement only Ior:
the Tenant's material noncompliance with the terms gl this Agreement;
the Tenant's mantriai failure to carry out obligations under any Slate Landlord and Tenant Act; or
criminal activfiy that threatens the health, ss/ely, or right to peaceful enjoymenl nt the premises by Other lanants or any drug-related crimi-
nal activity on or near such premises, engaged in by a tenant, any member of the Tenant's household, or any guest or other person under
lbo Tenant's control; or
· ether good cause, which includes, but is not limited to. the Tenant's falusal to accept the Landlord's proposed change to this Agreement.
Terminations for mother good cause" may only he effective as nt the end of any initial or successive term.
the term material noncompliance wilh the lease includes: (1) one or more subetanfial violations of Ihe lease; (2) repealnd minor violations
of the lease {hat (a) disrupt the livability of lbo project, (b) adversely alfocl Ihe health or seedy of any person or the right nt any tenant Io
the quiet enjoyment nt the leased premises and relaled project facilities. (c) interefere with the management Of the project, or (d) have an
adverse f foanciai e6act on the project; (3) lailure nt the Tenant to timely supply all requixed information on the income and composition, or
aiigihilriy factors, of the tenant household (including, pet not ~imJted to, failure to meet lhe disblosure and verdicatlan requirements for Social
Security Numbers. or failure to sign and submil consent forms for the obtaining of wage and claim information Irem State Wage ~nlormation
Collection Agencies), or Io knowingly provide incomplala or inaccurate information; and (4) ~on-payment of rent or any other financial ohlig-
align due under the lease beyond any grace period bermi6ed under state law. The payment of rent or any other hnanblal obligation due
under the lease aher the due date but within the grace period permitted under state law conaidutes a minor violation.
c. II the Landlord proposed to ternt foafa ntis Agreement, the Landlord agrees to give the Tenant wnden notice gl the proposed termination, if the
Landlord is terminating Ihis Agreement for *other gond cause," the larmJnalion notice must be mailed fo the Ter~ant and hand-daiivered to Ihe
dwailing unit in the manner required by HUD at least Ihir ty (30) days before the date the Tenant will be required to move from the unit. Notices
ot proposed termination for Other reasons must be given in accordance with any time Irames set forth in stale and focal law, Any HUD-required
notice period may run concurrengy with any notice period required by stala or local few. All termination notices must:
specdy the date this Agreement will be terminated;
slate Ihe grounds for termination with enough petail for the Tenant to prepare a defonse;
advise the Tenant that he/ode has ten (! 0) days within which to discuss the prop~3snd termination ot tenancy with the Landlord The t 0-day
period will begin on the earlier of the date the notice was hand-delivered to lbo unit or the day aper the date the nolice is r~aiJed, Il the
Tenant requests the meeting, the Landford agrees to discuss Ibe proposed terminaben with the Tenant; and
· advise the Tenant of hiS/her right to dnte~ld the action in court.
d. it an eviction is initiated, the Landlord agrees fo rely only upon those grounds cited in the termination notice required by paragraph
24, HAZARDS:
The Tenant shall not undertake, or permit hiS/her family or guests to underlake, any hazardous acts or do anything that wifl increase the project's
insurance premiums. Such action constitutes a material non-compliance, If the unit Js damaged by fire, wind or rain lo Ihe extent Ibet the unit can-
not be lived in and the damage is nnt caused Or made worse by the Tenant, lbe Tenant will be responsible for lent only up Id the date of the destruc-
lion. Addieqnla rent wil~ not accrue until the unit has been repaired to a liveple condition.
25. PENALTIES FOR SUSMITTING FALSE INFORMATION:
Knowingly giving Ihe Landlord laise information regarding income or other lectors considered in determining Tenant's elrgibilily and rent is a mate-
rial noncompflance with the lease subject to termination gl tenancy. Jn addition, the Tenant could become subject fo panalkes available u~der
Feberai law. Those penahies inClude fines up to $10,000 and imprisonment for up to live (5) years.
26. CONTENTS OF THIS AGREEMENT:
This Agreement and its Altachments make up the entire agreement between the Landlord and the Tenant regarding the unit. If any court declares
a particular provision gl this Agreement to be invalid or itlngai, all other ntrms gl this Agreement will remain in effect and both the Landlord and Ibe
Tenant will continue ~o be pound by them.
27. ATTACHMENTS TO THE AGREEMENT:
The Tenant certifies that he/she has received a copy of Ibis Agreement and the folfowicg Ai~achments to this Agreement and understands that these
Attachments are part of this Agreement:
a. ,e, ttachment NO. 1--Form HUD-50059, Certgioation and Recerggcaben nt Tenant Eligfoility
b. Atlachmenl NO 2--Unit fosbectfon Report
c. Attachment No. 3--*House Rules (il any)
28. SIGNATURES:
TENANT
By:
Date Signed
Dale Signed
Dale Signed
LANDLORD--ORCHARD APARTMENTS
E X H · B · T "P-2~
PROPOSED NOTICE TO OUIT
TO:
Tonyka Thomas
2207 B 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 roles 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 for the month(s) off July and August 2000, in the amount of Two Hundred
Thirty-Three and 00/100 Dollars ($233.00) each, plus late fees, September 2000, in the amount
of Two Hundred Eighty-Three and 00/100 Dollars ($283.00) 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.
4
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 letter.
Served this 6th day of December, 2000.
ORCHARD APARTMENTS
Keit~ ~ ~Assistant Manager
ATTENCION: Si vd no entiende esta noticia por favor venga ha mi offencina y se 1o 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 6th day of December, 2000. I understand that false statements herein are made subject to
the penalties of 18 Pa. C.S.A. §4904, relating~~orities.
The undersigned does hereby v~rify that he/she served the~roposed Notice to Quit by one of the
two methods set forth below:
l%rsonally handing the Proposed Notice to Quit to the tenant or an adult person
answering the door at the tenant's apartment on the 6th day of December 2000.
By placing Proposed Notice to Quit under or through the tenant's door on the 6th
day of December 2000, 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 mad/e~s~bject to t~ae_~,enalties of 18 Pa.
§4904, relating to unsworn falsification to authorities. [ ~i
Keith W.~Assistant Manager
C.S.A.
Page Three of Three
EXHIBIT
'. FINAL NOTICE TO OUIT
TO:
Tonyka Thomas
2207 B 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 ~md 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~vailable 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 t9 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 for the month(s) of; July and August 2000, in the amount of Two Hundred
Thirty-Three and 00/100 Dollars ($233.00) each, plus late fees, September 2000, in the amount
of Two Hundred Eighty-Three and 00/100 Dollars ($283.00) plus late fees, 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 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 you fail to heed this Notice, and remain in the leased unit beyond the date specified for
termination herein, I sh.all 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 procee.ding for
eviction is instituted, you may at that time present a defense.
Served this 18th day of December, 2000.
ORCHARD APARTMENTS
Keith/N¢~_~~
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 falsi~
The undersigned does hereby verify that he/SheitServ/ /Ke aW. T~n~ Assistant Manage~l~ie Final Notice to Quitbyr 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.
XX
By placing Final Notice to Quit under or through the tenant's door and/or posting the
the Final Notice on the 18th day of December, 2000.
(Method of service employed evidenced by checked box.)
I understand that false statements herein are made subject to the penalties of 18
{}4904, relating to unswom falsification to auth~ ~~_.
Keit~' ffyson, Assistant Manager
Pa. C.S.A.
Page Three of Three
ORCHARD APARTMENT
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
TONYKA THOMAS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 1577 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:
Date:
Philip C. Briganti, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(Attorneys for Defendant)
ADril 9, 2001
Respec~ ~ly s.ubq~itted,
c 'i~N ~ EPm~OOF~, P.O.
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Plaintiff)
ORCHARD APARTMENTS,
Plaintiff
V.
TONYKA THOMAS,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001- 1577 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 judgment may be
entered against you.
Date
Counsel for Defendant
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
ORCHARD APARTMENTS,
Plaintiff
TONYKA THOMAS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001- 1577 CIVIL TERM
CIVIL ACTION - LAW
PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
COMES NOW the defendant, Tonyka Thomas, by counsel, Philip C. Briganti, Esquire,
MidPenn Legal Services, and files the following Preliminary Objections to PlaintiWs Complaint:
Motion to Strike Off Complaint for Failure to Conform to Rule of Court
1. Count I of Plaintiff's Complaint seeks the ejectment of Defendant.
2. Pa. R,C.P. No. 1054, governing actions in ejectment, provides as follows:
(a) The plaintiff shall describe the land 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.
3. Plaintiff's Complaint does not properly describe the land.
4. 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,
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
ORCHARD APARTMENTS,
Plaintiff
TONYKA THOMAS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001- 1577 CIVIL TERM
CIVIL ACTION - LAW
VERIFICATION
The above-named defendant, Tonyka Thomas, 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:
Tonyka Thomas, Defendant
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 t~'ue copy of the same to Plaintiff's counsel at the following address by
first-class U.S. mail, postage prepaid:
Jordan D. Cunningham, Esquire
CUNN1NGHAM & CHERNICOFF, P.C.
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
Philip C. 13qiganti - /
Counsel for Defendant
MIDPENN LEGAL SERVICES.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
ORCHARD APARTMENT : IN THE COURT OF COMMON PLEAS
ASSOCIATES, t/d/b/a : CUMBERLAND COUNTY, PENNSYLVANIA
ORCHARD APARTMENTS, :
Plaintiff :
:
v. : NO. 2001 - 1577 CIVIL
:
TONYKA THOMAS, : CIVIL ACTION - LAW
Defendant :
CERTIFICATE OF SERVICE
I do hereby state that I served a true and correct copy
of the PETITION TO RETURN RENT ESCROW and ORDER in the above
captioned matter by placing the same in the United States
mail, first-class, postage prepaid, in Harrisburg,
Pennsylvania on September 17, 2001 addressed to:
Philip C. Briganti, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(Attorneys for Defendant)
Datei October 8, 2001
Respectfully submitted,
CUNNINGHAM & CHERNICOFF, P.C.
B -
· ~lanche A. ~orrlson, Secretary
to Jordan D. Cunningham, Esquire
I.D. #23144
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Plaintiff)
ORCHARD APARTMENT,
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
Vm
TONYKA THOMAS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 1577 CIVIL
CIVIL ACTION - LAW
PETITION TO RETURN RENT ESCROW
1. The 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, Tonyka Thomas, is an adult
individual who previously resided at 2207-B Cedar Run Drive
Ext., Camp Hill, Cumberland County, Pennsylvania.
3. On March 19, 2001, an appeal was filed by the
Defendant, to which a Complaint was filed by Orchard
Apartments seeking the eviction of the Defendant.
4. There remains a balance of escrowed rents
deposited with the Prothonotary in the amount of $840.00,
representing rent deposited by the Defendant on behalf of
the Plaintiff.
5. The issues raised in the Complaint relating to
ejectment are moot as the Defendant has abandoned the
apartment unit and her whereabouts are unknown to the
Plaintiff.
6. Plaintiff, in light
abandonment from the premises,
being held in escrow by the Prothonotary
County pursuant to the Local Rules of Court
of Civil Procedure for District Justices.
of the fact of Defendant's
is due and owed the monies
of Cumberland
and the Rules
WHEREFORE, Plaintiff respectfully prays that this
Honorable Court direct the Prothonotary to distribute to
the Plaintiff all monies being held in its rent escrow
account on behalf of the Plaintiff.
Date: September 11, 2001
Respectfully submitted,
~I~~FF, P.C.
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Plaintiff)
2
ORCHARD APARTMENT,
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
Vo
TONYKA THOMAS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - 1577 CIVIL
CIVIL ACTION - LAW
ORDER
AND NOW, this ~ day of ~ , 2001, after
review of the annexed Petition and upon the motion of
Jordan D. Cunningham, Esquire, a Rule is hereby issued
against the Defendant to show cause, if any she has, why
any and all amounts being held in the Prothonotary's rent
escrow account should not be distributed to the Plaintiff.
Rule Returnable
__ days from the date of service.
Jo
ORCHARD APARTMENT,
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
Vo
TONYKA THOMAS,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2001 1577 CIVIL
:
: CIVIL ACTION - .~h.W
PETITION TO MAKE RULE ABSOLUTE
1. The Plaintiff,
t/d/b/a Orchard Apartments
is registered with the Pennsylvania Department of
having a registered address of 2204 Cedar Run Drive,
Hill, Cumberland County, Pennsylvania.
Orchard Apartment Associates,
is a limited partnership which
State
Camp
2. The Defendant, Tonyka Thomas, is an adult
individual who previously resided at 2207-B Cedar Run Drive
Ext., Camp Hill, Cumberland County, Pennsylvania.
3. On March 19, 2001, an appeal was filed by the
Defendant, to which a Complaint was filed by Orchard
Apartments seeking the eviction of the Defendant.
4. There remains a balance of escrowed rents
deposited with the Prothonotary in the amount of $840.00,
representing rent deposited by the Defendant on behalf of
the Plaintiff.
5. On September 12, 2001, Plaintiff filed a Petition
to Return Rent Escow.
6. On September 14, 2001, this Court entered a Rule
to Show Cause against the Defendant to show cause why the
Petition to Return Rent Escrow should not be granted, Rule
returnable twenty (20) days from the date of service. A
true and correct copy of the Petition to Return Rent Escrow
and Order are attached hereto, made part h~reof, are
incorporated herein by reference, and marked as Exhibit up_
1".
7. On September 17, 2001, a copy of the Order and
Petition to Return Rent Escrow was served on Defendant's
counsel. A true and correct copy of the Plaintiff's
correspondence to Defendant's counsel is attached hereto,
made part hereof, are incorporated herein by reference, and
marked as Exhibit "P-2".
8. A response tO the Rule and Petition has not been
filed as of the date of this Petition.
2
WHEREFORE, Plaintiff respectfully
Honorable Court direct the Prothonotary
the Plaintiff all monies being held in
account on behalf of the Plaintiff.
prays that this
to distribute to
its rent escrow
Date: October 2001 By:
Respectfully submitted,
North Second Stree~/D/''#231~44/ - /t
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Plaintiff)
3
E X H I B I T ~P-1e
ORCHARD APARTMENT,
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
Vo
TONYKA THOMAS,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2001 1577 CIVIL
:
: CIVIL ACTION - I~W
ORDER
AND NOW, this ]~ day of ~ , 2001, after
review of the annexed Petition and upon the motion of
Jordan D. Cunningham, Esquire, a Rule is hereby issued
against the Defendant to show cause, if any she has, why
any and all amounts being held in the Prothonotary's rent
escrow account should not be distributed to the Plaintiff.
Rule Returnable
days from the date of service.
TRUE COPY FF[OM RECOP~D
In Testimony wher~f, I b~r~ unt~ set my hanO
and the s~l of s3id Cou~t Czrtisle, Pa.
This /¢~ oay of~,~/-,
Prothon~ar~
1
ORCHARDAPARTMENT,
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
Vo
TONYKA THOMAS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - 1577 CIVIL
CIVIL ACTION - LAW
O~DIR
AND NOW, this day of , 2001,
after review of the annexed Petition and upon the motion of
Jordan D. Cunningham, Esquire, it is hereby ORDERED that
the Prothonotary of Cumberland County, Pennsylvania,
distribute to the Plaintiff,
t/d/b/a Orchard Apartments,
in the Prothonotary's rent
docketed case.
Orchard Apartment Associates,
any and all amounts being held
escrow account in the above
BY THE COURT:
ORCHARD APARTMENT,
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
TONYKA THOMAS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - 1577 CIVIL
CIVIL ACTION - LAW
ORDER
AND NOW, this __ day of
review of the annexed Petition and upon
Jordan D. Cunningham, Esquire, a Rule is
against the Defendant to show cause,
any and all amounts being held in the
, 2001, after
the motion of
hereby issued
if any she has, why
Prothonotary's rent
escrow account should not be distributed to the Plaintiff.
Rule Returnable
days from the date of
BY THE COURT:
service.
1
ORCHARD APARTMENT,
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
TONYKA THOMAS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVAI~IA
NO. 2001 1577 CIVIL
CIVIL ACTION ~ LAW
PETITION TO RETBI~N RENT ESCROW
1. The 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, Tonyka Thomas, is an adult
individual who previously resided at 2207-B Cedar Run Drive
Ext., Camp Hill, Cumberland County, Pennsylvania.
3. On March 19, 2001, an appeal was filed by the
Defendant, to which a Complaint was filed by Orchard
Apartments seeking the eviction of the Defendant.
4. There remains a balance of escrowed rents
deposited with the Prothonotary in the amount of $840.00,
representing rent
the Plaintiff.
deposited by the Defendant on behalf of
1
5. The issues raised in the Complaint relating to
ejectment are moot as the Defendant has abandoned the
apartment unit and her whereabouts are unknown to the
Plaintiff.
6. Plaintiff, in light of the fact of Defendant's
abandonment from the premises, is due and owed the monies
being held in escrow by the Prothonotary of Cumberland
county pursuant to the Local Rules of Court and the Rules
of Civil Procedure for District Justices.
WHEREFORE, Plaintiff respectfully
Honorable Court direct the Prothonotary
the Plaintiff all monies being held in
account on behalf of the Plaintiff.
prays that this
to distribute to
its rent escrow
Date: September 11, 2001
Respectfully submitted,
~//FF, P.C.
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Plaintiff)
2
E X H Z B · T eP-2e
JORDAN D. CUNNINGHAM
ROBERT E. CHERNICOFF
MARC W. WITZIG
HENRY W. VAN ECK
CUNNINGHAM & CHERNICOFF, EC.
ATTORNEYS AT LAW
P.O. BOX 60457
HARRISBURG, PENNSYLVANIA 17106-0457
TELEPHONE (717) 235-6570
FAX (717) 238-4809
HERSHEY TELEPHONE
(717) 534-2833
IRS NO. 23-2274135
Street Address:
2320 N. 2nd St~et
Harrisburg, PA 17110
September 17, 2001
Philip C. Briganti, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
Re: Orchard Apartments v. Thomas
Our File No. 408101
Dear Phil:
Enclosed is a Rule to Show Cause, returnable within twenty
(20) days with regard to the above captioned matter. The Rule
was issued pursuant to my filing of a Petition to Return Rent
Escrow.
Also he advised that Ms. Thomas abandoned the apartment unit
sometime in August, 2001. I believe the issues raised by the
Complaint in Ejectment are now moot. If you have no objection
to the money being held in rent escrow to be distributed to
Orchard Apartments, would you please file a responsive pleading
as soon as possible so that I can remove the money from rent
escrow.
Thank you for your attention to this matter.
JDC/bam
Enclosure
cc: Orchard Apartments
Very truly .y~_u~s.,
ORCHARD APARTMENT
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
TONYKA THOMAS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - 1577 CIVIL
CIVIL ACTION - LAW
CERTIFICATE OF ~ERVICE
I do hereby state that I served a true and correct copy
of the attached PETITION TO MAKE RULE ABSOLUTE in the above
captioned matter by placing the same in the United States
mail, first-class, postage prepaid, in Harrisburg,
Pennsylvania on October 1~ 2001 addressed to:
Philip C. Briganti, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(Attorneys for Defendant)
Date~ October ~ ~.
2001
Respectfully submitted,
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Plaintiff)
ORCHARD APARTMENT,
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
TONYKA THOMAS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 1577 CIVIL
CIVIL ACTION - LAW
ORDER
AND NOW, this ~ day of ~ , 2001, after
review of the annexed Petition and upon the motion of
Jordan D. Cunningham, Esquire, the Rule issued against the
Defendant to show cause why any and all amounts being held
in the Prothonotary's rent escrow account should not be
distributed to the Plaintiff is made absolute.
The Prothonotary is directed to distribute any and all
amounts in its escrow account to the Plaintiff.