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Home My WebLink About01-1877 HoYICE O1: APPEAL idCH4WEALTH OF pENHSYLYAHIA -'SyRICI' jUSTICE juDGMEN! · ~I'oMMON pLEAS No. jUDICIAL DISTBICT NOTICE Of APPEAL rendered IW the D~stdct Justice off the 4otice is given that the al~lant has filed in the above Court of Common Pleas afl appeal from the judgment ua ~a ~,ss. ~c, ement, J r ...... _ ~ .... Drive Apt. ~ 3 ! 20 ! 0~ rchard Br icjanti dpenn ~egal Services NT ~see P~- .j.p. No. ,llant was MUST C¥ LT 19 1 O01 (6) in action Defom District dustice, he 20 ) days after District Justice, will operate os a FILE A cOMPLAINT within twenty lO081g received this case This Notice of Appeal, filing his NOTICE of APPEAL. · L - E 1'O I;Ihg ~. .... -Pa. FLC.P.d.P. No. 1001 (7) in action Defore D/strict dustice. (This section of form to De used ONLY when appellant was DEFENDANT (see IF NOT USED, detach from copy of notice of appeal to I:~ served upon appellee). , appell~{s), to rite a complaint in this appeal thono~ry ~t of non pros. aa&E¢IPE~ ~'o Pro . ~.~ ~,.,a~'ctuen'c~ .... uffer edw of iudgmen Enter rum upon ) J . ) ~1 within twenty ~20) aa,/, {Commo. eteos Nc) O~ " ~201 days af~.r fl~e da~e of pULE: To ~ 1 ~ You ore notified thot o ru~e is hereby en~md upon you ~o file o conjoint in this appeal within twenty service of this rule upon you by personal service or by certified or regis~ moil ~2~ If you cio not rite o comploint within this time, o jUDG~NT OF NON pROS WILL BE ENTERED AGAINST YOU. ~31 The ciote of service of this rute if service wos by moil is the clo~e of " GOUKT FILE TO BE FILED WITH I)KoTHONOTAKY j~PG 3~2-B4 (This Proof of service MUST BE fILED WITHIN TEN (10) DA Y$ AFTER filing the notice of appeal Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA NT AFFIDAVIT: ~ hereby SWear or affirm that I served ~ a Copy of th~ Notice of Appeal, Common Pleas receipt attached hereto and upon the appellee, (name ~ e ~ g ted ther (date of set,ce) ~ er;~n the D,str, ot Justice des, na · ~ a~ ' ~9~ ~ b,, ...... ) . by (certified . _ .. e,n on .~ _ h~..,~(~served h. n ..... - ~u~ona~ se~ice ~ ~... . ) (registered) mail, s ., me Rule was ..... t,,= nu~e to File a C ~-, ..... ~ uy (cedified re ' - ender s mail sen~_.. =uures~d on ~__ °'"P~am~acc , on . · uer $ reoe~ t . . . · ~ ~ abOve Notice of ,~ce~pt attached SWORN (AFFtRMED~ .. .... P attached h~, 19 ~' Appealu. .... hereto. - ¢ ~,~u ~UBSCRt ~n ~ .... '~' · ", ' ~ W by ~rsona/servic ~F. me ap~etlee(s) tOWhom THIS ~ DAY OF B~ ~ORE ME Signature of offici,~/ before Whom affidavit was mede rit/e of off/c/a/ affiant My commission exph'es on 03/29/01 14'45 FAX 717 761 8580 D ,J CLEMENT. · . ........ [~oo2 COM ONW L P SYLV^N O~ - / COUN OF: NOTICE OF JUDGMENT RANSCRIPT Mag. Dial Ne,; o9 - . o[ RESIDENTIAL LEASE ' ~ ~ Numa: H~n, ~~ ~ME aaa ADDR~s · ' '::'. ~~ A. ~~, ~. 220a ~~ ' ~S. DEFENDA~: . ~,,~o,,:' (717 ) 7 61 - 4 9 4 0 17 011 ~O~~, ~~, PA 17011 ~A~ N. LO~ h Judgment: ~Judgment was entered for: (Name) Judgment was entered a~aJnst The amount of rent per nm, as es~lished by the Distr~ Juice, is ~- · ~ 8 [~e ct Judgment) The tota~ amount of the Secu ,0 0 ~ - Rent in Arrears Total Amount Es~blished ~ 0~.ss -Secud~ A~l~d =$ Ad]udicated~~~ ~hysical Damag~ Leasehold Prope~ $-- ~ Deposit Damages/Unjust Detention ~_ .0~ -- ~ = - .oo Less Amt Due - Defendant~m Cross Complaint--- $~ -00 - Intere~ (if Provided by lease) $- _ ~ AEachment Prohibite~ ~ Judgmem Amount $ Victim of Abuse (Act 5, 1996} Judgment Cos~ A~omey Fees $ .~ This case dismissed without prejudice. Total Judgment $__ ~ 06[, 5~ ~ Possession granted. Post Judgment CrudEs Post Judgment Cos~ $_ - Possession granted jf money judgment i~ Ce~ified Judgment To~i $ - Possession not granted. ~ Defendanm am jointly and severally li~le. ~ Law is stayed for_ _ days or ~ generally stayed. Objection to Levy has been filed and hearing will be held: rime- I~ AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PAR~ HAS ~E RIGHT TO APPEAL FROM ~N DAYS A~ER THE DATE OF ENTRY OF JUDGME~ BY FI OF ~E COU~ OF COMMO LING A NO~CE OF APP~ · · ~ OSS~ION WffHIN .0 N PLEAS, CIVIL DIVISION THIS AP L WITH ~ OT~N~ WCLE RDER TO OBT~N A SUPE~EDEAS ~ . PEAL WILL INCLUDE AN APPEAL'0P.~ , , ~ R~F COUPS IF A E~ FPAR~ 30 DAYS A~ER ~E DATE OF E~RY OF JUDGME~ IN COURTS OF WHICH TO nL ~E COURT OF COMMON PLUS, CIVIL DWISI~N E A NOTICE OF AP~L ~TH ~~R~~NO~RWCLERK THE PAR~ FILING AN APPEAL M~T mOLU~ A C~Y ~E~ NO~~,,n~ME~ [ "~ ' ; ' ;~''" OF -- -- ~ --- - ' ' ' '" ~TIC~ O~ AO~h ~Y commission expires first ~onday of ~anua~ 2002. .. -. :' ' S~L ORCHARD APARTMENTS · IN THE COURT OF COMMON PLEAS OF Plaintiff · · CUMBERLAND COUNTY, PENNSYLVANIA Vo ° DOWAYNA NAKEYA LUCAS, i O t - / 7 t7 7 Defendant · NO. CIVIL TERM PRAE(~IPE TO PROCEED IN FORMA PAUPF. RIS To the Prothonotary' Kindly allow, Dowayna Nakeya Lucas, Defendant, to proceed in forma vauveris. I, Philip Briganfi, 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 C. ]~ganti Attorney for Defendant ORCHARD APARTMENTS · IN THE COURT OF COMMON PLEAS OF Plaintiff · · CUMBERLAND COUNTY, PENNSYLVANIA Vo ° DOWAYNA NAKEYA LUCAS, · Defendant · NO. O~-)¥7~IVILTERM 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: Dowavna Lucas Address: 2206L Cedar Run Dr Camp Hill, PA 17011 (b) Social Security Number: 199-58-4082 If you are presently employed, state Employer: Pinnacle Health Address: 101 Filbert Street Mechanicsbum. PA 17055 Salary or wages per month: $860/month (net) Type of work: Certified Nursing Assistant If you are presently unemployed, state Date of last employment: ------------------- Salary or wages per month: __------------------ Type of work: (c) Other income within the past twelve months Business or profession: N/A Other self-employment: N/A Interest: N/A Dividends: ~ Pension and annuities: N/A Social Security benefits: N/A Support payments: N/A Disability payments: N/A Unemployment compensation and supplemental benefits: N/A Workman' s compensation: N/A Public Assistance: N A Other: N/A (d) Other contributions to household support (Wife) (Husband) Name: If your (husband) (wife) is employed, state Employer: Salary or wages per month: ~ Type of work: Contributions from children: (e) Property owned Cash. Checking Account: N/A Savings Account:.~~~~l.0__ Certificates of Deposit: ~ Real Estate (including home). N/A Motor vehicle: Make N/A _ Year Cost_ _ Amount owed Stocks; bonds: N/A Other: N/A (f) Debts and obligations Mortgage: Rent: 27 . Loans: Student loans 50 Monthly Expenses: · (g) Persons dependent upon you for support (Wife) (Husband) Name: Children, if any: Name:_~la_iji.g~~~ Age: ~ ~~ 10 months 4. I Understand that I have a cont/nuing obligation to inform the Court of improvement in my financial circumstances which Would permit me to pay the costs incurred herein. :5. I ver/fy that the statements made in this affidavit are true and correct. I Understand that fa/se statements herein are made subject to the pena/t/es of 18 Pa. C.$. 4904, relat/ng to unsworn falsification to author/t/es. DOWayna ya Lucas, Defendant ' ORCHARD APARTMENTS, · IN THE COURT OF COMMON PLEAS OF Plaintiff ' v. · CUMBERLAND COUNTY, PENNSYLVANIA DOWAYNA NAKEYA LUCAS, · NO CIVIL TERM Defendant ' O I" I 8 e~ t7 AFFIDAVIT 1. I am the defendant in the above-captioned action, which is an appeal from a judgmem rendered by District Justice Clement on March 20, 2001, awarding Plaintiff possession of the apartment in which I reside. 2. My rent for this apartment, located at 2206L Cedar Run Drive, Camp Hill, Cumberland County, Pennsylvania is $278 per month and is due by the 5~ day of each month.. My rent is subsidized by HUD. 3. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the. penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. Date: a Lucas, Defendant COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT NOTIC:S: OF APPEAL Notice is [liven that the appellant has filed in the above Court of Common Pleas un appeal from the judgment rendered by the District Justice on date and in the case mentiormd below. · .'.'~:. w ~'~ z' i'" .~,~ "' ~&. ~..-;2 ':.: "' . ~ :2; ,.':g :~ ' "~ ~ ..... ~.~ : -' ~.*. * -,- -::-. ,.: ...... ~..~ .: -. t. ,. ~ ?. .... F ' l ."'.. ' . . CITY STATE ZIP C~--~ · I';:: "-i.~ '"-"'"'::':"'" ~"~: :"~':~' "' S-~':~._r',,,'.:,.. c.:,~ :, ,,'" ~ 3 "?'";~" -" '" ': ~') ..... "'~ .... '~ ' ' '~ " PcL R.CJ)..I.P. Nc~ If ~llant was CLAIMANT (see Pa. R.C.P.d.P. ~a- :e, will operate us u 1001 (6) in action before District Justice, he MUS~ ru FILE A COMPLAINT within twenty (20) days afte: ' filing his NOTICE o! APPEAL. r1.1 ~_,, 'TO, FILE COMPLAINT AND RULE TO FILE ru EFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. U'l Postage $ ~,~4 '~,,,~ .rved upon ~llee). ,13" Certified Fee Return Receipt Fee Lr'J (Endorsement Required) appellee(s), to file a complaint in this appel, ILl . Restricted Delivery Fee 1::::3 (Endorsement Required) dthin twenty (20) days after ser~i~e of rule or suffer ..e/~ of judgment of non pros_ r-'l Total Postage & Fees $ =~ .. ...... './-'(¢-/'_~>.~' '" '~ " l'l'lFlecipi&~,t~s PrintClearly) becompleted'b~/ = ............... ' '" / = ~'3...~...~._ .................. , appellee(si. >u to file a complaint in this appeal within twenty (20) days after the date of serv.:e ..,m registered mail \ ~"~f'~X~-~,.:~-~ , within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. ~..~..~ ¢~~ .if ser~ was !~/mail is the date of mailir~.,~/ / ..... Date: ~ ~i' : ~,'>"L...UJ '.~. ~. ~'.. ... .,..> .... · " ... ,-. -... ..... · -'" ~- ' ': .e~'"' -~ ~'-' ' t . "~ .. . .~'~. : ,, ... '-, ~, ,,.~:.'.' .~i .,...~;,..~_... ,,--... ,-.., ,~...... ,., ~ '.',' ¢!.-~. '.,,~,,,, ,..~/ ' ....:- ~.. .... .,..,~.- AOPC 312-84 COURT FILE · PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable boxes) ~OMMONWEALTH OF PENNSYLVANIA ~OUNTY ......... - ........................... ; ss ~FFIDAVIT: I hereby swear or affirm that I served ~_~ a'~copy of the Notice of Appeal, Common Pleas No.0J:--/~?:?---:-(~----'!........ , upon the District Justice designated therein on (date of service) ~_____¢.__~___lJiA_ _ '.~t~__;j _.z~l~d J ................... E] by personal service ~Y (certified) ~) mail, sender's receipt attached hereto, and upon the appellee, (name) O¢' ¢'/;lr~~ ..... ~__~___,/m~_:C_;___r___' .............. __, on ~___R ~ ...........,...'~O___ , ~g-~ E] by personal service J~~ (certified) ~ mail, sender's receipt attached heretq. J~ "'a~nd further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon th9. appellee(s) ~. whor~ /')"~ ~ ¢', ¢'~ ~'~ , ~, [~] by personal service E]~y (certified) the Rule was addressed on ......................... mail, sender's receipt attached hereto. /,,¢/, .,~ . SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME ,///..~ - / /', ~ ,/, , THIS DAY OF , 19 ............. ~ ............ .,/-- .,.~.- (,~'ignature of affiant Signature o! official before whom affidavit was .macie Title of officio! My commission expires on , 19 .............. I verify that the statements made in this Af'fidavit 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. P~lip' ~. Brig ORCHARD APARTMENT · IN T~{E COURT OF COMMON PLEAS ASSOCIATES, t/d/b/a ORCHARD APARTMENTS, ' CUMBERLAND COUNTY, PENNSYLVANIA · Plaintiff . · V. · NO. 2001 - 1877 CIVIL DOWAYNA LUCAS, ' Defendant ' CIVIL ACTION - LAW · NOTIC~ TO DEFENDANT NAMED HEREIN. You have been sued in Court. If you wish to defend against the claims set forth in the following ~ages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written agpearance ~ersonally 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 ~laintiff. You may lose money or ~ro~erty or other rights important to you. YOU $~OULD TAKE T~iS pAPER TO YOUR LAWYER AT ONCE. iF TY._O.U_ _D_ O_ NOT HAVE A LAWYER OR CANNOT AFFORD 0 . ~ s~'~mHONE THE OFFICE SET FORT}{ BE-^ ........ NE, GO TO OR GET LEGAL HELP. ~u, '~'u FIND OUT WHERE YOU CAN Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone. (717) 249-3166 , NOTICIA Le ban 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 escrita 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 ENCUENTRAESCRITAABAJOPARAAVERIGUARDONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Respect f ~11%~ ubmi t ted, Date- B~J~"~~a~,~~. Cunnxngham, Esquire 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORCHARD APARTMENT : ASSOCIATES, t/d/b/a : ORCHARD APARTMENTS, : NO. 01 - 1877 Plaintiff · v. : CIVIL ACTION - LAW DOWAYNA LUCAS, : 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, DOWAYNA LUCAS, is an adult individual who resides at 2206-L 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 26, 1999, Defendant executed a Lease Agreement by the terms of which the Defendant leased from the Plaintiff an apartment located at 2206-L Cedar Run Drive Ext., Camp Hill, Cumberland County, Pennsylvania for an initial term beginning March 1, 1999 and ending March 31, 2000, after which initial term, the Lease continued on successive terms for one (1) year each. A true and correct copy of the Lease Agreement for 2206-L Cedar Run Drive Ext., Camp Hill, Cumberland County, Pennsylvania is attached hereto, made part hereof and is marked Plaintiff's Exhibit "P-l". 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 Twenty and 00/100 Dollars ($2.00) is owed, together with One and 00/100 Dollar ($1.00) per day for each additional day after the twentieth (20th) 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 ~ousin~ Act of 1937 for qualifyin~ tenants, under a program commonly referred to as the Section 8 Pro~ram. 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 month of December, 2000. 8. The Defendant failed to pay the monthly rent for the month of December, 2000. COUNT I - IN 9. Plaintiff incorporates Paragraphs i through 8 of the Complaint as if more fully set forth herein. . 10. The Plaintiff,s a~ent, Debbie Anstine, after review of the Defendant,s rental histor . . a to terminate the Def ~=~,_ . Y reached a de¢~sion en__~,~ ~ ~ease A~reement and/or not renew the Defendant's Lease A~reement for the followin~ reasons. (a) Defe.ndant,s failure to pay rent in a timely manner ~n accordance With Paragraphs 3 and 5 of the Lease A~reement for the month of December, 2000, all which, in the opinion of the Plaintiff, represents a substantial violation of the terms of the Lease A~reement, Rules and Regulations apartment complex and HUD Re-ul -' of the ~ at~ons, s ec' ' . Paragraphs 3 a-~ - - P ~f~cally "~ : or the Lease A~ree Section 4 ~ - - ~ merit and - ~ or the ~{UD Technical ~{ Transmittal ~=, - andbook, --~u.~. The Defendant,s acti represent a mat--'-- Ohs also . er~l non-compliance With the terms and conditions of the Lease Agreement as defined under RIrD Regulations and Paragraph 23 of the Lease Agreement. (b) The Defendant,s failure to pay rent for the month of 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 ~UDRe~ulations set forth in Section 4-18 of the ~UD Technical ~andbook, Transmittal 4350.3, all of which constitutes a material non-compliance with the terms of the Lease A~reement as that term is defined under Paragraph 23 of the Lease Agreement and the applicable ~UD Regulations. Il. 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 Proposed Notice to Quit. The Proposed 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 Proposed Notice to Quit is attached hereto, made part I hereof and is incorporated herein by reference as Plaintiff's Exhibit "P-2" . 13. On December 18, 2000, the Defendant was properly set,red by the Plaintiff, at the Defendant's residence, with a Final Notice to Quit. The Final Notice to Quit was served in accordance with ttUD Rules and Re~lulations and the Pennsylvania Landlord/Tenant Act. A true and correct copy of the Final Notice to Quit is attached hereto, made part hereof and is incorporated herein by reference as ~laintiff' s Exhibit "~-3" . 14. The Defendant, although requested to do so by the Plaintiff, has refused to surrender 2206-~ Cedar Run Drive Ext., Camp ~ill, Cumberland County, ~ennsylvania, to the Plaintiff and has since the time that she received the ~roposed Notice to Quit and Final ~otice to Quit, has continued to remain in possession of said apartment. WHEREFORE, Plaintiff demands entry of judgment against the Defendant, DOWAYNA LUCAS, and in favor of the Plaintiff on the issue of material non-compliance with the terms of the Lease Agreement, Rules and Regulations of the apartment complex, Pennsylvania Landlord/Tenant Act and HUD Regulations; 6 I and Plaintiff further demands it be granted possession of 2206-L Cedar Run Drive Ext., Camp Hill, Cumberland County, Pennsylvania, together with costs and interest. COUNT II - IN AS SUMPSIT 15. Plaintiff incorporates by reference Paragraphs i through 14 of the Complaint as if more fully set forth herein. 16. During the Defendant's tenancy, various repairs have been made to correct damages beyond normal wear and tear. Damages are to be paid within thirty (30) days of invoice. To date, the outstanding balance for invoiced repairs equals Sixty and 00/100 Dollars ($60.00). 17. The total monetary damages sought by the Plaintiff as against the Defendant are as follows- Damages' $ 60.00 Rent Arrearage- August, 1999 $ 387.00 August, 1999 (late fee) 30.00 December, 2000 47.00 December, 2000 (late fee) 30.00 January, 2001 47.00 January, 2001 (late fee) 30.00 February, 2001 47.00 February, 2001 (late fee) 30.00 March, 2001 278.00 March, 2001 (late fee) 30.00 April, 2001 278.00 April, 2001 (late fee) 30.00 TOTAL .................. $1,324.00 18. Defendant has failed to pay rent due for the months of August, 1999, December, 2000, January, 2001, February, 2001, March, 2001 and April, 2001. The rent for the month of August, 1999 was Three ~undred Eighty Seven and 00/100 Dollars ($387.00). The monthly rent for the months of December, 2000, January, 2001, and February, 2001 equalled Forty Seven and 00/100 Dollars ($47.00) per month. Due to an increase in Defendant's income, rent for the months of March, 2001 and April, 2001 equalled Two Hundred Seventy Eight and 00/100 Dollars ($278.00) per month. 19. The Defendant's rent is subsidized by the federal ~overnment under a pro~ram commonly known as the Section 8 pro~ram and Defendant's rent is presently Two ~undred Seventy Eight and 00/100 Dollars ($278.00) per month, however, if durin~ the pendency of this litigation Defendant receives an increase in wa~es or loses her employment then, in that event, Defendant's rent may be increased or decreased. WHEREFORE, Plaintiff demands entry of judgment in favor of the Plaintiff and a~ainst the Defendant, DOWAYNA LUCAS, in the amount of One Thousand Three Hundred Twenty Four and 00/100 Dollars ($1,324.00) and any further rent and late fees that may be incurred and unpaid from the date of this Complaint to conclusion of this litigation, to~ether with costs and interest. Respect f~ul submitted, C .U~ ~~~~ CHERNTCQ~', P. C. Date- B .>~orda~ ~.~u~nningham, Esquire 2~20 · or~h Second S~ree~ P. O. ~ox Harrisburg, PA 17106-0457 Te 1 ephone · ( 717 ) 238 - 6570 (Attorneys for Plaintiff) bi\docs\complain\orchard, luc · o , ! CHARD APARTMENTS /" I , ~ -U,-d ¢ H 70 ,lc 'emp ,11. P.4 i ii · RESIDENTIAL LEASE AGREEMENT " ~. PARTIES AND DWELLING UNIT: . , The parties to lhis Agreement are _0~C_.~~_~a ~~1.1 [ . . lo as lhe Landlord, and Dowayna T.ucas as lhe Tenanl The L ...... , referred · ,.,,ot.oro teases lo the Tenanl unit number , referred to Iocaled at ~'1 ]., ~a- .1. 7 0 ].-i .... , 2. LENGTH OF TIME (TERM): The initial term of this Agreement shall begin on -IVJarch ]. ~ .]. 9 9 9 ·and end on of one __~_.~ea r After the initial term ends, lhe Agreement will continue for successive terms each unless automatically terminated as permilted by paragraph 23 of lhis Agreemenl. 3. RENT: The Tenan! agrees lo pay $ $ 2 6 1,0 0 for/he par~ia/monlh ending on .................... per monlh. This amounl is d e on lhe ]. S [ · After lhal, Tenant agrees lo pay a rent Run DRive, Cam Hill /he/enanl undersla~ ....... day of ~he month a! ~_2 0 4 Cedar of · =,,, ,u ,ess man th-. ,~...~._..~~ -- ............... the mortgage on lhis project is subsidized by the Deparlmenl of Housing and Urban Development (HUD) and/or because HUD makes monthly menls Io the Landlord on behalf of the Tenant. The amounl, if any, that HUD makes available monthly on behalf ol the Tenant is called Ihe tenant assistance paymen! and is shown on the "Assistance Payment" line of the pay- Atlachmen! No. 1 lo this Agreement. · ..... ,ar~u[ (unsubsidized) ren! due on this unit. This lower rent is available eilher because 4. CHANGES IN THE TENANT'S SHARE OF THE RENT: ~ which is The Tenant agrees thai lhe amounl of rent the Tenant pays and/or lhe amount of assistance that HUD pays on behalf of lhe Tenant may be changed during the lerm of this Agreement if: a. HUD or the Contrac! Adminislrator (such as a Public Housing Agency) determines, in accordance wilh HUD procedures, that an increase in rents is needed; b. HUD or lhe Contract Administralor changes any allowance for utilities or services considered in compuling the Tenanrs share of lhe rent; c. The income, lhe number of persons in the Tenant's household or other faclors considered in calculaling the Tenant's rent change and HUD procedures provide lha! the Tenanrs ten! or assistance payment be adjusted Io reflec! the change; d. Changes in the Tenant's rent or assistance paym'ent are required by HUD's recerlificalion or subsidy terminalion procedures; e. HUD's procedures for computing lhe Tenanrs assistance payment or ren! change; or ~. The Tenant fails Io provide information on his/her income, family composilion or other factors as required by the Landlord. The Landlord agrees to implement changes in the Tenant's rent or tenant assistance payment only in accordance wilh the time frames and admin- istralive procedures set forlh in HUD's handbooks, instruclions and regulations related Io adminislralion of mulli-family subsidy programs. The Landlord agrees to give lhe Tenant at least 30 days advance writlen nolice of any increase in lhe Tenanrs rent excep! as hOled in paragraphs 15 or ! 7. The Notice will slate the new amounl the Tenant is required lo pay, the date lhe new amount is effective, and the reasons for Ihe change in rent. The Nolice will also advise the Tenan! fha! he/she may meet wilh the Landlord to discuss lhe rent change. 5. CHARGES FOR LATE PAYMENTS AND RETURNED CHECKS: If lhe Tenan! does not pay lhe full amoun! on the rent shown in paragraph 3 by the end ol lhe 51h day of lhe monlh, lhe Landlord may collect a fee of $20.00 on the 6Ih day of {he monlh. Thereafter, the Landlord may collec! $1 a day after the 20th clay of lhe month for remains unpaid during the monlh. The Landl . for non-payment of ren . . ord may nol terminate this A r · l, as explained m paragra h 23. ... ~ ....... g ee.m. enl for the fadure to /at each additional day the rent a check is no! honored for payment (bounces). p Th ...... um may collect a fee of $.~_~20~Y. 0%charges, bul may/erminale thisAgreemenl Tenanl. The charges discussed in lhis paragraph are in addition Io ~ on the first or any additional lime the r,egular monlhly rent payable by/he 6. CONDITION OF DWELLING UNIT: By signing this Agreement, lhe Tenant acknowledges that the unit is safe, clean and in good condition. The Tenanl agrees thai all appliances and equipment in the unit are in good working order, except as described on lhe ~ which is Attachmenl No. 2 ~o this Agreement. The Tenant also agrees lhal the Landlord has made no promises to decorate, alter, repair or improve the unit, except as lisled on the 7. CHARGES FOR UTILITIES AND SERVICES: The following charts describe how Ihe cost of utilities and services relaled to occupancy of ihe unit will be paid. The Tenant agrees that these charts accuralely describe lhe ulililies and services paid by the Landlord and those paid by the Tenant. a. The Tenant must pay for Ihe ulililies in column (1). Payments should be made directly to the apPropriate utility company. The items in column (2) are included in the Tenanrs rent: (1) Pul "X" by any Ulilily (2) Tenant Pays Direclly Type of Ulilily, Pul "X" bit any UliliI¥ Heat ..... Included in Tenanl Rent L___.______ Lights, Electric .................................... ~ Cooking ............................................... Waler ....................... X ............................ ..~ Olher (Specify) Trash, Sewage .......... X_. .Z.. Phone ................ -. ................................. Cable ................................ 8. SECURITY DEPOSITS: The Tenan! has deposiled $ ~ wilh the Landlord. The Landlord will hold this secud! de* occupies lhe unit. After the Tenanl has moved from the unit, lhe Landlord wille whe ........ . .e period the Tenant the securily deposit. The amount of lhe refund will be delermined in accordance with lhe following Condilions and procedures: delerm~n Y POS~l for Ih · ruer [ne ~enan! is eligible for a refund of any or all of a. The Tenanl will be eligible for a refund of lhe security deposil only if the Tenanl provided lhe Landlord w/Ih lhe 30-day written nolice of inlenl Io move required by paragraph 23, unless the Tenanl was unable Io give lhe notice for reasons beyond his/her conlrol. b. Afler lhe Tenanl has moved from the unit, the Landlord will inspecl lhe unil and complele anolher permit lhe Tenant Io parlicipale in the inspeclion, if the Tenanl so requesls. J~~i~l~~. The Landlord will c. The Landlord will refund Io lhe Tenanl the amount of lhe security deposil (plus inleres! compuled al beginning (1) unpaid renl; ), less any amounl needed Io pay the cost of:------------%, (2) damages Iha! are no! due Io normal wear and lear and are nol I/sled on the , · (3) charges for late ~,,-,ymenl of rent and returned checks, as d~scribed in Paragraph 5; and ; '(4) charges for unreturned keys, as described in paragraph 9. d. The Landlord agrees to refund the amount computed in paragraph 8c within' 3 I~ ' days after the Ten out of lhe unit, returned possession of the unit Io the Landlord and nfv ~,,~'; '..-~,-~-~.-_--. ..... ant has permanently moved , ~,' e his/h .... ~w ,.,uufuss [o me Lano~ord. The Landlord will also give the Tenant a written list of charges that were sublracled from the deposit. If the Tenanl disagrees with the Landlord concerning the amounts deducted and asks to meet with the Landlord, lhe Landlord agrees to meet with lhe Tenant and informally discuss the disputed charges. e. If the unit is rented by more than one person, lhe Tenants agree that Ihey 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. 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 lhe Tenant in accordance with paragraph 11. 9. KEYS AND LOCKS: The Tenant agrees not to install additional or different locks or gates on any doors or windows of the unit without lhe written permission of lhe Landlord. Ifihe Landlord approves lhe Tenant's request to install such locks, the Tenant agrees to provide the Landlord with a key for each lock. When0thi $ . ~ greement ends, the Tenant agrees to return all keys to the dwelling unit to the Landlord. The Landlord may charge the Tenant for each key not returned. (Not to exceed what locksmith charges for each key not returned.) 10. MAINTENANCE: a. The Landlord agrees to: regularly clean all common areas of the project; mainlain the common areas and facilities in a safe condition; (3) arrange for collection and removal of trash and garbage; (4) maintain all equipment and appliances in sale 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 (8) maintain grounds and shrubs. b. The Tenanl agrees to: keep the 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 destroy, deface, damage or remove any part of the unit, common areas, or project grounds; (5) give the Landlord prompt notice of any defects in the plumbing, fixtures, appliances, heating and cooling equipment or any olher parl of the unit or related facilities; and (6) remove garbage and other waste from the unit in a clean and safe manner. 11. DAMAGES: Whenever damage is caused by carelessness, misuse, or neglect on lhe parl of lhe Tenant, his/her family or visitors, 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, facililies, or common areas negligently or intentionally caused by Tenant or Tenant's household or guests. Said charges are to be made according to the current Schedule of Maintenance Charoe___~.~ posted in lhe Management Office, and Tenant agrees that 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 lhat HUD will not make assistance pay- ments for any period in which the unit is not habitable. For any such period, the Tenant agrees to pay the HUD-approved market rent rather than the Tenant rent shown in paragraph 3 of this Agreement. 12. RESTRICTIONS ON ALTERATIONS: The Tenant agrees not Io do any of the following without first obtaining the Landlord's written permission: a. change or remove any parl of the appliances, fixtures or equipment in the unit; b. paint or install wallpaper or contact paper in lhe unit; c. attach awnings or window guards in the unit; d. attach or place any fixtures, signs, or fences on the building(s), the common areas, or the project grounds; e. attach any shelves, screen doors, or other permanent improvements in the unit; f. install washing machines, dryers, fans heaters or air conditioners in the unlit or g. place any aerials, antennas or olher electrical connections on the unit; h. no water beds. 13. GENERAL RESTRICTIONS: The Tenant must live in the unit and the unit must be the Tenant's only place of residence. The Tenant shall use the premises only as a private dwelling for himself/herself and the individuals listed on the ifi i R r ifi i n f n n I' ' iii . The Tenant agrees to permit other individuals to reside in the unit only after obtaining lhe prior written approval of the Landlord. The Tenant agrees not to: a. sublet or assign the unit, or any part of the unit; b. use the unit for unlawful purposes; c. engage in or permit unlawful activities in the unit, in the common areas or on the project grounds; d. have pets or animals of any kind in the unit without the prior wrilten permission of the Landlord; or e. In the event that during the term of the lease the Tenanl should require the assistance of a Live-in-Aide, in accordance with the HUD Regulations, the aide shall not be allowed to remain in occupancy should lhe Tenant terminate this Lease Agreemenl nor shall the Live-in-Aide have rights to survivorship of the unit. f. Notwithstanding any other provision of this lease, the Tenant, members of the Tenanrs household, guesls of Tenant and other persons under Tenanrs control shall not engage in unlawful activily, including drug-related criminal activity, in the Tenanrs unit or on the project premises, and such unlawful activity shall be cause for lermination of tenancy. "Drug-related criminal activity" means the illegal manufaclure, sale, distribution, use or possession of a controlled substance as defined in Section 102 of the Uniled States Controlled Substances Act, 21 U.S. Code Section 802. Criminal conviction under Federal, state or local law shall not be a precondilion for termination of tenancy. g. Tenant shall not pursue or conduct any business on lhe premises, nor shall Tenant display any signs of any lype of description. h. Tenant shall refrain from and cause Tenanrs household and guests to refrain from destroying, defacing, damaging, or removing any part of the premises of project. · i. Tenant shall not create or permit any disturbing noises in or about Tenant's dwelling unit by himself, his family, or guests; nor shall he, his family, or guests interefere with or malerially diminish the rights, comforls, or convenience of other Tenanrs or surrounding neighbors. Neither the Tenant, his family, nor his guests shall engage in any activity that would constitule an offense against persons, property, public order, or public health or decency, or that involves fraud, deception, firearms, or other weapons. j. Tenanl shall not refuse the extermination services for rodent or insect infestation. k. If heat is to be supplied by the Tenanl, Tenant agrees to execute a lhird party nolificalion with Landlord, whereby the Landlord will be formally notified prior to the discontinuance of utility service by the utility supplier. Tenant agrees to furnish sufficient heat to the premises to prevent damage to lhe premises. If, for any reason, Tenant is unable Io maintain sufficient heat, Tenant shall immedialely notify Landlord. Tenanl shall pay for any damages to the unit resulting from Tenant's negligent or intentional failure to mainlain sufficient heat or to notify Landlord of the lack of sufficient heat due to any cause beyond Tenanrs control. I. Tenant agrees to comply with Landlord policies and directives, as well as the regulations and laws of all Federal, slate, municipal and local governmenls regarding the collection, sorting, separation and recycling of waste products, garbage, refuse and trash. 14. RULES: ' ' The Tenanl agrees to obey the House Rules which are Attachment No. 3 to this Agreement. The Tenant agrees to obey additional rules established after the etfeclive date of lhis Agreement if: a. the rules are reasonably relaled Io the safely, care and cleanliness of the building and lhe safety, cornforl and convenience of lhe Tenanls; and b. Ihe Tenant receives written notice of lhe proposed rule al least thirty (30) days before the rule is enforced. 15. REGULARLY SCHEDULED RECERTIFICATIONS: Every year around the .~__~ ~ uda~ Ofa ~ the Landlord will request lhe Tenant to report the income and composition of the Tenant's household and to s n PP Y y other inlormation required by HUD for the purposes of determining the Tenanrs rent and assistance payment, if any. The Tenant agrees lo provide accurate statemenls of this information and to do so by the date specified in lhe Landlord's request. The Landlord will verify the information supplied by the Tenant and use lhe verified informalion to recompule the amount of the Tenanrs 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, Ihe Landlord may impose the following penalties. The Landlord may implement these penalties only in accordance wilh the administralive procedures and time frames specified in HUD's regulations, handbooks and instructions related Io the administration of multi-family subsidy programs. (1) Require lhe Tenant to pay the higher, HUD-approved market rent for the unit. (2) Implemenl any increase in rent resulling from the recertificalion processing without providing lhe 30-day notice otherwise required by paragraph 4 of this Agreement. b. The Tenant may request to meet with lhe Landlord Io discuss any change in rent or assistance payment resulting from Ihe recertification processing. If the Tenant requests such a meeting, the Landlord agrees to meet wilh lhe Tenant and discuss how the Tenanrs renl and assis- tance payment, if any, were computed. '16. REPORTING CHANGES BETWEEN REGULARLY SCHEDULED RECERTIFICATIONS: · a. If any of the following changes occur, the Tenant agrees to advise the Landlord immediately: (t) Any household member moves oul of the unit. (2) Any adult member of the household who was reporled as unemployed on the most recent cerlification or recerlification oblains employ- menl. (3) The household's income cumulatively increases by $40 or more a month. b. The Tenanl may report any decrease in income or any change in other faclors considered in calculating the Tenanrs rent. Unless the Landlord has confirmalion that the decrease in income or change in other factors will lasl less than one month, the Landlord will verify the information and make the appropriate rent reduction. However, if the Tenanrs income will be parlially or fully reslored within two monlhs, lhe Landlord may delay lhe cerlification process until the new income is known, but lhe rent reduction will be retroactive and the Landlord may not evict the Tenant for nonpayment of rent due during the period of the reported decrease and the completion of the certification process. The Tenanl has thirty (30) days after receiving writlen notice of any rent due for the above described time period Io pay or the Landlord can evict for nonpayment of rent. (Revised 3/22/89.) c. If the Tenant does not advise lhe Landlord of these interim changes, the Landlord may increase the Tenant's rent to the HUD-approved market rent. The Landlord may do so only in accordance with the time frames and administralive procedures set forth in HUD's regulations, handbooks and instruclions on the administration of multi-family subsidy programs. d. The Tenant may request Io meet with the Landlord to discuss how any change in income or olher faclors affected his/her rent or assistance payment, if any. If the Tenanl requesls such a meeting, the Landlord agrees to meet wilh the Tenanl and explain how the Tenanrs rent or assis- lance paymenl, if any, was computed. 17. REMOVAL OF SUBSIDY: a. The Tenant underslands that assistance made available on his/her behalf may be terminated if events in either items (1) or (2) below occur. Terminalion of assistance means that lhe Landlord may make the assislance available Io another Tenanl and the Tenanrs rent will be recom- puled. In addition, if Ihe Tenant's assislance is terminated because of criterion (1) below, the Tenant will be required to pay the HUD-approved market rent for the unil. (1) The Tenant does not provide the Landlord wilh the information or reports required by paragraph 15 or 16 within ten (10) calendar days after receipt of the Landlord's notice or inlent to terminate lhe Tenanrs assistance payment. (2) The amount the Tenant would be required Io pay towards rent and utilities under HUD rules and regulations equals the Family Gross Renl shown on Attachment 1. b. The Landlord agrees to give the Tenant written nolice of lhe proposed terminalion. The nolice will advise Ihe Tenant that, during lhe ten (10) calendar days following the date of the notice, he/she may request Io meel wilh the Landlord to discuss the proposed termination of assistance. If the Tenant requesls a discussion of the proposed termination, the Landlord agrees Io meet wilh lhe Tenanl. c. Termination of assistance shall not affect the Tenanrs other rights under this Agreement, including the right to occupy the unit. Assistance may subsequently be reinstated if the Tenant submits the income or other data required by HUD procedures, the Landlord determines the Tenanl is eligible for assistance, and assistance is available. 18. TENANT OBLIGATION TO REPAY: If Ihe Tenant submits false information on any application, cerlification or request for interim adjustment or does not report interim changes in family income or olher factors as required by paragraph 16 of this Agreement, and as a result, is charged a rent less Ihan the amount required by HUD's rent formulas, the Tenant agrees to reimburse the Landlord for the difference between lhe renl he/she should have paid and lhe renl he/she was charged. The Tenant is not required to reimburse the Landlord for undercharges caused solely by the Landlord's failure to follow HUD's procedures for compuling rent or assistance paymenls. 19. SIZE OF DWELLING: The Tenant understands that HUD requires the Landlord lo assign units according to lhe size of the household and the age and sex of lhe house- hold members. If Ihe Tenant is or becomes eligible for a different size unit, and the required size unit becomes available, the Tenant agrees Io: a. move within thirty (30) days after the Landlord notifies him/her Ihat a unit of the required size is available within the projecl; or b. remain in the same unit and pay the HUD-approved market rent. 20. ACCESS BY LANDLORD: The Landlord agrees lo enter the unit only during reasonable hours, Io provide reasonable advance notice of his/her intent lo enter the unil, and to enter the unit only after receiving the Tenanrs consent to do so, except when emergency situations make such notices impossible or except under paragraph (c) below. · a. The Tenant agrees to permit the Landlord, his/her agents or olher persons, when authorized by lhe Landlord, to enter the unil for the purpose of making reasonable repairs and periodic inspections. b. Afler the Tenanl has given a notice of intent to move, the Tenant agrees to permit the Landlord to show the unit Io prospective tenants during reasonable hours. c. If the Tenant moves before lhis Agreement ends, the Landlord may enter the unit to decorate, remodel, aller or otherwise prepare the unit for re-occupancy. 21. DISCRIMINATION PROHIBITED: The Landlord agrees not to discriminate based upon race, color, religion, creed, national origin, sex, age, handicap, membership in a class, such as unmarried mothers or recipients of public assistance, or because there are children in the family. ,,, Dale Signed , , PROPOSED NOTICE TO QUIT . · TO' Dowayna Lucas 2206 L Cedar Run Drive Exm. 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 fro: the month(s) of: December, 2000 in the amount of Forty-Seven and 00/100 Dollars ($47.00) 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 ot~ Three , . o 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. ORCHA RTMENTS By: Ke Manager Served this 6th 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 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-c/ass, endorsed with a proper return address, on the 6th day of December, 2000. I understand that fa/se statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom cation to 'es. Kei~ stant Manager The undersigned does hereby verify that he/she s~ two methods set forth below: Proposed Notice to Quit by one of the ~ Personally handing the Proposed Notice to Quit to the tenant or an adult person / . answering the door at the tenant's apartment on the 6t~ day of December 2000. / · . ~ By placing Proposed Notice to QUit under or through the tenant's door on the 6t~' . 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 made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. · Assistant Manager Page Three of Three EZHZB ZT TO: Dowayna Lueas ' ' 2206 L Cedar Run Dr/ye Extended Camp Hill, Pennsylvania 170 ~ 1 DATE: December ! 8, 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 and Urban Development HU of the rules . (' D) regulations · . the lease agreement, and regulations of Orchard a,,'~P~[°vls,l°ns_ of the Penns iv · - applicable Housing which term, as outlined in Paragraph 23 of the lease agreement, is defined in pan as. "material non- --v-, tments, all ,~ ...~-. - y ama Landlord ,,~.~ ~__ · ,-wmcn consti~,,,~ ,,_ . ,.,,u ~ enant Act ~,,,~ '"'"° material non.compliJnc~,~, compliance,, includes, but it not limited to, non-payment of rent beyond the grace Period available Under state/aw; fa/lure 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 fights and quiet enjoyment of other tenants; failure to repay unauthorized ass/stance payments; and giving the landlord false information regarding income or other factors consid.er/ng 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; December 2000 in 00/100 Dollars ($47.00) per month plus late fees, in the amount of Forty-Seven and /ease agreement and Paragraph 4-18 &HUD Transmittal 4350.3. violation Paragraphs 3, 5, and 23 of the (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 COmp/ex 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 of this lease agreement, and secure your removal from the as the/aw directs, To enforce judicial action as required by by HUD Transmitta, .....leased unit, Iterm/nation eviction is instituted, you may · ~ '~3~0.3 . shall be required to initiate a at that time present a defense' Paragraph 4 21. If a judicial proceeding for ORCHARD APAR 'S .. By: Kei' ... istant Manager Served this 18t~' day °fDecember, 2000. ATTENCION: Si vd no entiende esta noticia por favor venga ha mi offencina y se lo explicare. Page Two ofiThree , 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 1 gt~ day of December, 2000. I understand that false statements herein are subject to the penalties of 1 g Pa. C.S.A. §4904, relating to unsworn falsification to authorities · · · Keith Assistant Manager , The undersigned does hereby verify that he/she served 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. ~ _XX _ By placing 1final 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 subiect..t,q~o" · §4904, relating to unswom falsification to authorities. ~ me penalties of 18 Pa. C.S.A. Tyson, Assistant Manager Page Three of Three · ORCHARD APARTMENT · IN T~E COURT OF COMMON PLEAS ASSOCIATES, t/d/b/a ' CUMBERLAND COUNTY PENNSYLVANIA ORCHARD APARTMENTS, . ' Plaintiff . v. · NO. 2001 - 1877 CIVIL DOWAYNA LUCAS, · CIVIL ACTION - LAW Defendant . 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 20, 2001 addressed to- Philip C. Briganti, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (Attorneys for Defendant) Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date- ADril 20, 2001 _ / ~--it~_:-_.~ ~._ ~-~u_~~on, ~ecreta.ry ~ .OD~. °~~4~' Cunningha'' Esquire 2320 North Second Street P. O. Box 60457 Harri sburg, PA 17106 - 0457 Telephone. (717) 238-6570 (Attorneys for Plaintiff) o ~~m~o -q ..~ 0 ' ORCHARD APARTMENTS, · Plaintiff · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA Vo · · NO. 2001- 1877 CIVIL TERM DOWAYNA LUCAS, · Defendant · 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 Philip C. Briganti ( Counsel for Defendant MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 .J ORCHARD APARTMENTS, : Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Vo · : NO. 2001- 1877 CIVIL TERM DOWAYNA LUCAS, : Defendant : CIVIL ACTION- LAW PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT COMES NOW the defendant, Dowayna Lucas, by counsel, Philip C. Briganti, Esquire, MidPenn Legal Services, and files the following Preliminary Objections to Plaintiff's Complaint: Motion to Strike Off Complaint for Failure to Conform to Rule of Court 1. Count I of PlaintiWs 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, .o . "Og .r~ti Counsel for Defendant MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ORCHARD APARTMENTS, : Plaintiff · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : : NO. 2001- 1877 CIVIL TERM DOWAYNA LUCAS, : Defendant : CIVIL ACTION- LAW VERIFICATION The above-named defendant, Dowayna Lucas, verifies that the statements set forth in the foregoing pleading are tree and correct. Defendant understands that false statements herein are made subject to the penalties of 18 P.S. §4904, relating to unswom falsification to authorities. Date: 5 I Dowayn~ £~cas, Defendant CERTIFICATE OF SERVICE I, Philip C. Briganti, hereby certify that I am this -~~aY of May, 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-c/ass U.S. mai/, postage prepaid: Jordan D. Cunningham, Esquire CUNN~GHAM & CHERNICOFF, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Philip C. r/ganti Counsel for Defendant MIDPENN LEGAL SERVICES 8 Irvine Row · Carlisle, PA 17013 (717) 243-9400 C) c:.) c.] ITl ...... --~. -:[-~. ---~,". : ,., .. · ~.,..,.. ~ .. · . (::.') 2" (~:, ..... ~ t:-' "~ ~-..~ ~.. ~:..-. ..., .~ . .. ORCHARD APARTMENT, · IN THE COURT OF COMMON PLEAS ASSOCIATES, t/d/b/a · CUMBERLAND COUNTY, PENNSYLVANIA ORCHARD APARTMENTS, : Plaintiff ' · NO. 2001- 1877 CIVIL v. : CIVIL ACTION - LAW DOWAYNA LUCAS, : Defendant : PETITION TO RETU~__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, Dowayna Lucas, is an adult individual who previously resided at 2206-L Cedar Run Drive Ext., Camp Hill, Cumberland County, Pennsylvania. 3. On March 30, 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 $1,491.00, representing rent deposited by the Defendant on behalf of the Plaintiff. 1 5. The issues raised in the Complaint relating to ejectment are moot as the Defendant had abandoned the apartment unit and the Defendant's 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 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. Respectfully submitted, , P.C. Date- _September 11, 2001 Cunningham, Esquire I.D. #2 144 2320 North Second Street P. O. Box 60457 Hart i sburg, PA 17106 - 0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) .... ~c~ .~ ~'"~ : ORCHARD APARTMENT, · IN THE COURT OF COMMON PLEAS ASSOCIATES, t/d/b/a · CUMBERLAND COUNTY, PENNSYLVANIA ORCHARD APARTMENTS , ' Plaintiff ' · NO. 2001 - 1877 CIVIL v. · CIVIL ACTION - LAW DOWAYNA LUCAS, : Defendant : ORDER AND NOW, this ~'~ day of ~~:~--, 9.001, 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 lO days from the date of service. I ORCHARD APARTMENT, · IN THE COURT OF COMMON PLEAS ASSOCIATES, t/d/b/a · CUMBERLAND COUNTY, PENNSYLVANIA ORCHARD APARTMENTS, : Plaintiff ' : NO. 2001- 1877 CIVIL V. : CIVIL ACTION - LAW DOWAYNA LUCAS, : Defendant PETITION TO _w_~KE RULE _ABSOLVE 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, Dowayna Lucas, is an adult individual who previously resided at 2206-L Cedar Run Drive Ext., Camp Hill, Cumberland County, Pennsylvania. 3. On March 30, 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 $1,491.00, I 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 17, 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 ten (10) 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 hereof, are incorporated herein by reference, and marked as Exhibit "P- m". 7. On September 18, 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 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. Respectfully submitted, CUNNINGHAM P.C. Date October ~ 2001 By' re · De ~ #23~4 20 North Second street p. O. Box 60457 Harrisburg, PA 17106-0457 Telephone' (717) 238-6570 (Attorneys for Plaintiff) E X H I B I T eP-le ORCHARD APARTMENT, : IN THE COURT OF COMMON PLEAS ASSOCIATES, t/d/b/a · CUMBERLAND COUNTY, PENNSYLVANIA ORCHARD APARTMENTS, : Plaintiff : · NO. 2001 - 1877 CIVIL Vo : : CIVIL ACTION - LAW DOWAYNA LUCAS, · Defendant : AND NOW, this Y?~ day of ,~TT,~.. 2001 after / -- __1 review of the annexed Petition and upon the motion of . Jordan D. Cunningham Esquire, a Rule is hereby issued i 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 /o______ days from the date of service. tRUE FRO"'" . ~. ~:~ [.,.~ t,2,,,.,'~' ''~ k....~' ?.. ~ ........ ,..~ %'; ~ r,,,..,.., ,, . · } ~w' ' ' -~:.' ~',-' ~ · ~.. Th,s_/.? .._.d-',~, r./...g(i--.~'~., . · Prothonc,,,ar~, ,,. ,; 1 · · . , . ORCHARD APARTMENT, · IN THE COURT OF COMMON PLEAS ASSOCIATES, t/d/b/a · CUMBERLAND COUNTY, PENNSYLVANIA ORCHARD APARTMENTS, · Plaintiff · · NO. 2001 - 1877 CIVIL V, ° · CIVIL ACTION - LAW DOWAYNA LUCAS , · Defendant : · ORDER ~ 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, Orchard~partment Associates, t/d/b/a Orchard Apar~ments, any and all amounts being held in the Prothonotary's rent escrow account in the above · · ' docketed case. BY THE COURT: · !. J. ORCHARD APARTMENT, : IN THE COURT OF COMMON PLEAS ASSOCIATES, t/d/b/a : CUMBERLAND COUNTY, PENNSYLVANIA ORCHARD APARTMENTS, : Plaintiff : · NO. 2001 - 1877 CIVIL V. : : CIVIL ACTION - LAW DOWAYNA LUCAS, : Defendant : · PETITION TO RETU~_N RENT ESCROW Orchard Apartment Associates, 1. The Plaintiff, 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, Dowayna Lucas, is an adult ,. individual who previously resided at 2206-L Cedar Run Drive .. !. Ext., Camp Hill, Cumberland County, Pennsylvania. !, 3. On March 30 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 $1,491.00, " representing rent deposited by the Defendant on behalf of .. the Plaintiff. 'i .. i 5. The issues raised in the Complaint relating to ejectment are moot as the Defendant had abandoned the apartment unit and the Defendant's 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 , i ' of Civil Procedure for District Justices. , 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. i Respectfully submitted, ~ i~ COFF, P.C. ' , Date' September 11, 2001 , Esquire I.D. #2 144 2320 North Second Street P. O. Box 60457 ,. Harrisburg, PA 17106-0457 · Telephone: (717) 238-6570 i: (Attorneys for Plaintiff) ~ ~r H I B I T _ _ IORDAN D. d0N)'~CHAM CUNNINGHAM '& CHERNICOFF, p.C. HERSHEY TELEPHONE ROBERT E. CHERNICOFF MARC W. WITZIG ATTORNEYS AT LAW (717) 534-2833 HENRY W. VAN ECK P.O. BOX 60457 ms NO. 23-2274135 HARRISBURG, PENNSYLVANIA 17106-0457 Street Address: 2320 N. 2nd Street TELEPHONE (717) 238-6570 Harrisburg, PA 17110 FAX (7~7) 238-4809 September 18, 2001 Philip C. Briganti, Esquire MidPenn Legal Services 8 mrvine Row Carlisle, PA 17013 Re: Orchard Apartmea ts v. Lucas Our File No. 408501 Dear Phil: Enclosed is a Rule to Show Cause, returnable within ten (10) days with regard to the above captioned matter. The Rule was issued pursuant to my filing of a Petition to Return Rent Escrow. Also be advised that Ms. Lucas 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 pleadin~ as soon as possible so that I can remove the money from rent escrow. Thank you for your attention to this matter. - Very truly yours, P.C. JDC/bam Cunningham Enclosure cc: Orchard Apartments ~ .. .~ ORCHARD APARTMENT : IN T~E COURT OF COMMON PLEAS ASSOCIATES, t/d/b/a : CUMBERLAND COUNTY, PENNSYLVANIA ORCHARD APARTMENTS, : Plaintiff · v. : NO. 2001- 1877 CIVIL DOWAYNA LUCAS, .- CIVIL ACTION - LAW Defendant : CERTIFICATE OF SERVICE I do hereby state that I served a true and correct copy of the 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 i~, 2001 addressed to- Philip C. Briganti, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (Attorneys for Defendant) · Respectfully submitted, CUNNI Date- October I~, 2001 By ' ~ ' · 320 North Second Street P. O. Box 60457 Harr i sburg, PA 17106 - 0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) · IN THE COURT OF coMMON psEAS ORCHARD APARTMENT . CUMBERLAND coUNTY, PENNSYSVAN~A AsSOCIATES, t/d/b/a . ORCHARD APARTMENTS, . plaintiff . · NO. 2001 - 1877 CIVIL vo · LAW · C~VIL ACTION ' DOWAYNA LuCAS, . De~endant I do hereby state that I served a true and correct copy o~ the pETITION TO RETURN RENT EscROW and oRDER in the above captioned matter by placing the same in the united states mail, ~irst-claSS, postage prepaid, in Harrisburg, pennsylvania on September 18, 2001 addressed to' philip C. Briganti, Esquire MidPenn Legal services 8 irvine Row carlisle, PA 17013 (Attorneys ~or Defendant) Respectfully submitted, cUNNINGHAM & CHERNICOFF, P' C. Date'~ to jordan D. cunningham, Esquire I D #23144 2~2~ North Second street p. O. Box 60457 Harrisburg' PA 17106- 0457 Telephone' (717) 238-6570 (Attorneys for plaintiff) : IN THE COURT OF COMMON PLEAS ORCHARD APARTMENT, ASSOCIATES, t/d/b/a · C.UMBER~ COUNTY, PENNSYLVANIA ORCHARD APARTMENTS, : Plaintiff · : NO. 2001- 1877 CIVIL V. · . CIVIL ACTION - LAW DOWAYNA LUCAS, : Defendant : ORDER AND NOW, this !g~ 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. BY THE COURT~/ .J -'~=uo t'Umberland Cou~nty ~r~°.tho.notarv,s Office Manual Releas= unec~ Register Pa~e Distribution Case No Accounting EScrow ............ 2 721 ORCHA~ -APTs - - Amount Tran - - - Date .... Date Releas RENT -~/3/g~-/~[~- 11/01/2001 Check No.. 12~-' RENT 200Z- 0]-577 PYMT/(.MONEY ODR 360.00 3~.Z9~2001 RENT 2001- 01577 PYMT/.CASH 120.00 4~.04/.2001 RENT 2001- 01577 PYMT/.CASH 120.00 5~.04/.2001 2001- 01577 PYMT/MoNEy CDR 120.00 6~.04/.2001 -- 120.00 7~10/2001 ............. Payee total: ............... 840.00 ~rand total: 840.00