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HomeMy WebLinkAbout12-2777COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM l DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. /,A•t2 "177 iVi lTGrm NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. V, I vrc ?? t\ }- ) yw. e??y 'Vk %70Q's_ DATE OF JUDGMENT IN THE CASE OF (PhWoff) (Doenckot)' C a ?0 vs DOCKET No. MZ-c?93o3-Li - ?oooo ?s-???a SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT NL?L This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. 7? (20) days after filing the NOTICE of APPEAL. . Signstum d Pr&hord &y or Dsp* PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name of appellee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. _1k 01 777 O.;V;l ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To appellee(s) Name of appellee(s) (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 within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: s t• /?. 20 a a -?-- Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF AP AL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE F!LFb-UF FICA: HE PROTHONOTAc!\': 2011 MAY -4 PM 2: 42 CUt?ERLAND COUNT ENNSYLVAN1A XF T oz, uo sandxa uoissiwwoo AVI /eJDW to a1i1 auegle jo atnjeuft apew sem wepipe wogm ajo/aq /epWo {o aln/eudig oz, d0 AVG SIHl 31N 32JOd38 038i8OS8f1S (INV ((13MIJJV) (NbOMS) olajaq pagoeile idiaoaJ s,Japuas `pew (paialsl6ai) (pailipao) Aq aolnuas leuosiad Aq oZ uo ` (aweu) 'aalladde agl uodn pue 'olajaq pagoelle idiaoai s,japuas 'flew (paialsi6ai) (paililiao) Aq ? aojAJas leuosaad Aq oz, (aowas to alep) uo ulajagl paleu61sap aoilstir loulsi4 aql uodn ' seald u0ww03 'leaddV to aailoN aql to Adoo e paAjas I legl (wjll}e) (jeams) Agajaq I :lIAV4133V ss ` JO AINnoo ` INtlAIASNN3d 30 HIIV3MNOMMOO ('saxoq algeolldde )foai{j leadde jo eo.ilou aql Jo 6uyY 8313b' SAt/O (06) N31 N/H11M (73713 391S(?YV aoriues jo jooid slyl) 1NIVIdW00 311-4 01 37nd ONV 7V3ddV-40 3011 ON -40 331A2l3S -40 -4008d COMMONWEALTH OF PENNSYLVANIA _ Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag. Dist. No: MDJ-09-3-03 MDJ Name: Honorable Susan K. Day Address: 229 Mill Street P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 Shandi Harder 7 Pine Road Apt #306 Mount Holly Springs, PA 17065-0000 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. Disposition Summary Docket No Plaintiff Defendant MJ-09303-LT-0000055-2012 Pine Ridge Estates Shandi Harder Judgment Summary Participant Joint/Several Liability Individual Liability Pine Ridge Estates $0.00 $0.00 Shandi Harder $0.00 $118.78 Pine Ridge Estates V. Shandi Harder Docket No: MJ-09303-LT-0000055-2012 Case Filed: 4/13/2012 Yes No Disposition Disposition Date Judgment for Plaintiff 04126/2012 Am un $0.00 $118.78 Judgment Detail (*Post Judgment) In the matter of Pine Ridge Estates vs. Shandi Harder on 4/26/2012 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Filing Fees $0.00 $95.50 $95.50 Server Fees $0.00 $23.28 $23.28 Grand Total: $118.78 Portion of judgment for physical damages arising out of residential lease: $0.00 IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. NO. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. MDJS 315A Page 1 of 3 Printed: 04/26/2012 1:44:57PM Pine Ridge Estates Docket No.: MJ-09303-LT-0000055-2012 V. Shandi Harder r DateMagisterial District Judge Susan K. Day certify that this is a true an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge MDJS 315A Page 2 of 3 Printed: 04/26/2012 1:44:57PM Pine Ridge Estates v. Shandi Harder Participant List Plaintiff(s) Pine Ridge Estates 7 Pine Rd. Suite #601 Mount Holly Springs, PA. 17065 Defendant(s) Shandi Harder 7 Pine Road Apt #306 Mount Holly Springs, PA. 17065-0000 Docket No.: MJ-09303-LT-0000055-2012 MDJS 315A Page 3 of 3 Printed: 04/26/2012 1:44:57PM COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS County Of CUMBERLAND PLAINTIFF: NAME and ADDRESS tie C, f Sc??? -I vs. DEFENDANT: NAME and ADDRESS I- - I ?•(` k, ?1ell?? ?kl 1?L`Cr 5 TENANT'S SUPERSEDEAS AFFIDAVIT (NON-SECTION 8) FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2) y?uus print name and address here), have filed a notice of appeal from a magisterial district court judgment awarding to my landlord possession of real property that I occupy, and I do not have the financial ability to pay the lesser of three (3) times my monthly rent or the judgment for rent awarded by the magisterial district court. My total household income does not exceed the income limits set forth in the supplemental instructions for obtaining a stay pending appeal and I have completed an in forma pauperis (IFP) affidavit to verify th . I have?ipa e-t? (cross out the one that does not apply) paid the rent this month. mc? M04My I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date AOPC 312-08 (B) SIGNATURE OF TENANT t-'_ D c-, 0 IN THE COURT OF COMMON PLEAS OFCyj m\3e_C 1 8 COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff vs. No. /a 02777 rri co :zM Defendant r -? - <o --a c, PETITION TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: The Petition of"Wj t \Ap-v?(K-respectfully represents: 1. I am the 0ekN\ck xA in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending 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: -S ?xaY.c1? "cLtc1-e-,' Rd APV. 3OLe ML VW?y Address: I Soc. Sec. No.: (b) Employment--If you are presently employed, state Employer: N/A Address: P/ A Salary or wages per month: %4/A Type of work: 4? --If you are :presently unemployed, state Date of last employment: 3/a Salary or wages per month: O)A Type of work: N)A, (c) Other income within the past twelve months Business or profession: N)A Other self-employment: N/A Interest: w JA Dividends: Nit Pension and annuities: u)A Social security benefits: QjAr Support payments: 1u/A Disability payments: OJA Workman's compensation: ?.?)/L Public assistance: A S ? y . M ?or? S .pS Other: W q I. (k" AAA m1wic?,Xce-) (d) Other contributions to household support Spouse's Name: Q/A If your spouse is employed, state Employer: Q/& Salary or wages per month: N)A Type of work: t,?]A- Contributions from child(ren): W Ilk Contributions from parents: N'i, Other contributions: NI/- (e) Property owned Cash: NIA Checking account: MIA. Savings account: 014 Certificates of deposit: NIA Real estate (including home): Motor vehicle*4 Make: NSA Cost: N)A Stocks: N/A, Bonds: nVp, Other: t-11A (f) Debts and obligations Mortgage: WIA Rent: N /e,- Loans: N jP. Other: N /A Electric Water KJA TelephonAs b Cable r?trk Credit cards NIA. Auto Insurance tvllk Gasoline N/K Food 15 4 ? Csb ;Year: NIA ;Amount owed: NSA (g) Persons dependent: upon you for support Spouse's Name: eJ ??? Child(ren), if any: rc?, c Q-C 0 Name(s) and age(s): V--w?Lk e Other persons: Name: tJlr. Relationship: 0 iii- 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. 5 //,C?- Date Petitioner U.S . Post al Ser vice, ,, CE RTIF IED MAIL ,. REC EIPT (Do mestic M ail Only ; No Ins urance C overage Provided) For d eliver inf ormation i it b i y v s ou r we s te a t www.usps.come u-3 Ir ?. r. ?. Ln t_r7 co A. , ? rrq Postage t qJ- 01 ,.r .... r - ."-?... ?%I I Q L ?- ? 1. Vc ark Certified Fee z O Return Receipt Fee t 3J iV' r" O - - yLV Po a yy p (Endorsemer,tRequired) @ _ 6 '.. nI p Return Receipt Fee p __ _ ere , Restricted Delivery Fee (Endorsement Required) 1\ n oft' '' \ i ! (EndorsementRequir'd) • f C:l Restricted Delivery Fee - Restricted Delivery Fee 0131 " (Endorsement Required) 4 t" Total Postage & Foes $ St CI Total Postage & Fees 1 $ S ! SJ y Sent --------- C:3 V lgSl v/? Sent To -------- ----------------------•-- Q ? /? Sfreet, Apt e5k14? ° ?jS ------°---°----------- or PO Box No. ---t-- ---° r` ZZ? C"??/" D? /r67 /??• City State, ZIPf ------------------ or PO Box No. / PI? IO N ' j 70?? Ciry State,Z1R+4---•• ------ °-? ---D S- i PS Form l` PS Fojm tit PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALT F PENNSYLVAN COUNTY OF U? 6e r6 ; ss AFFIDAVIT- I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas /.?-j-7-7-7 , upon the District Justice designated therein on (date of service) ? 9 20 ? by personal service ?by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) t'd t;s-jqAc 5 on -41 20 ? by personal service by (certified) (registered) mail, sender's receipt attached hereto. (SWORN FIRMED) AND RIBED BEFORE ME p f THIS DAY OF A 9 lw u .20 - r Sign ature of a Sig at official belo em davit was made Title of official C-) ty fj My commission expires on 20 t - a ? d&%so ' %J0 t Q 33P C3-T4 C. ?'' a te' 7' --r ? ? w •?, x', COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. L4AME OF APPELLANT MAG. MT. No ^...,. NAMG V1' L) J. ?? - "i \ n ( ADDRESS OF APPELLANT CITY STATEZ? CODE DATE OF JUDGMENT IN THE CASE OF (PWaWjff) l ?+ wi 5?. 1A Itil 'V? Y7tit 1 ?, ; DOCKET No. ? w i 14 C 0 ' ra SIGNATURE OF APPELLANT ATTOI> Y OR /1GEM " € ? 1 . i i l . r4 ? (p This block will be signed ONLY when this notation is required under Pa. If appeftnt was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. SWw weofPra# n4Wyoi ? T NOTICE OF APPEAL FROM before a Distinct Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name of appease(s) . r appellee(s), to file a complaint in this appeal (Common Pleas No. 11 7 `j * ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. eq Signature ofeppelant or attomey or agent RULE: To? v a t1 appellee(s) 69 4c-ct .f Name of appease(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal wiLhi twenty (4 (tags afterthe date of service of this rule upon ypu by p0 sonal service or by certified or registered mail. (2) 'if ygu do Fao e'a-cori*,Wnt within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) fhelate of sgcvl);e '4xulo if service was by mail is the date of the mailing. Date: / rz8 `,, w .. oy ti_ 1i {®at Sipnetwe os PrvNior?otary or Depdy e YOU MUST IML'LUDIE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW APPELLANTS COPY ..,..v new rnnr-c?witn nuwan??re nnn nnnv rnoc E.??2n.nu AfCtnll+t xK`Tlf•e 7_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff V. Defendant : No. /a - a777 0IVi / el-* ORDER OF COURT AND NOW this day of 22/-? , 2012, upon consideration of the attached Petition and Affidavit, the petitioner is allowed to proceed in forma pauperis. BY THE COURT, Judge Distribution n 11_ ) } C? ?? nc ? Plaintiff: SlU'?SY`1' 1Q C S rn M =rn Name -01'v. Address` G '0 . • . Nka? Defendant: V?G?Vc'- 0- dress YVt.?, fall i??? wo,.. t e,4 -6/,/ /// a 10- /c f r`ll ?:j In- v r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PINE RIDGE ASSOCIATES, Plaintiff, V. SHANDI HARDER. Defendant. CIVIL DIVISION No. /01 - Avil jl?'m COMPLAINT Filed on Behalf of: Plaintiff Counsel of Record for this Party: To: Defendant You are hereby notified to file a written response to the enclosed Complaint within 20 days from service hereof or a judgment may be entered against you. BY:4 A-Z-/? --- ----- ATTORNEYS FOR PLAINTIFF Alan T. Silko, Esquire Pa. I.D. 446837 Robert C. Bechtell, Jr., Esquire Pa. I.D. #208014 Levicoff, Silko & Deemer, P.C. Firm I.D. #245 Centre City Tower, Suite 1900 650 Smithfield Street Pittsburgh, PA 15222-3911 412-434-5200 JURY TRIAL DEMANDED {1.0468775 .1 } I . i i 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 judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Fax: 717-249-2663 Toll Free (in PA): 1-800-990-9108 s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PINE RIDGE ASSOCIATES, Plaintiff, V. SHANDI HARDER. Defendant. Civil Division. No.. COMPLAINT Plaintiff, Pine Ridge Associates, d/b/a Pine Ridge Estates, by and through their undersigned counsel, files this Complaint seeking possession of real property, in accordance with the Pennsylvania Rules of Civil Procedure, and asserts in support thereof as follows: 1. Pine Ridge Associates (the "Owner") ovens an apartment complex known as "Pine Ridge Estates," located at 7 Pine Road, Mount Holly Springs, Pennsylvania 17065 ("the "Property") 2. The Property offers its tenants subsidized Section 515 Rural Development housing subject to Federal Regulations. 3. Defendant, Shandi Harder ("Harder"), is an adult individual currently residing in Unit 4306 of Pine Ridge Estates. I L0468856.1 } I { l 4. A true and correct copy of the current residential Lease Agreement dated January 27, 2010 by and between Pine Ridge Associates and Harder is attached hereto as Exhibit "A", and incorporated herein by reference. 5. To comply with the requirements of the subsidized housing program, and pursuant to the Lease Agreement, Harder is required to notify the Owner or its agent if there is a change in the number of people living in the unit. 6. Upon information and belief, beginning in or before June of 2011, Harder's boyfriend's children began residing in the apartment, without it being reported to the owner, in clear violation of the lease. 7. Upon information and belief, beginning on or around. July 25, 2011, upon release from prison, Harder's boyfriend began residing in the apartment, in clear violation of the lease. 8. Harder was confronted multiple times regarding the change in occupancy of the apartment and her failure to report any income being received by her boyfriend during that occupancy and she repeatedly and falsely denied that there had been a change in the occupancy of her unit. 9. Pine Ridge Estates confirmed that additional persons were residing in the apartment. Despite repeated verbal and written warnings, Ms. Harder has knowingly and purposefully committed fraud by violating the terms and conditions of the Lease Agreement and was over the occupancy limits for an extended period of time starting as early as June of 2011, by permitting her boyfriend and his children to reside in Apartment #306. 10. Pursuant to the Lease Agreement, Harder is required to notify the Owner or its agent if there is a change in her income. Upon information and belief, Ms. Harder became {1.0468552.1 }2 V employed at some point and is currently earning income that has not been reported to Pine Ridge Estates as is required by the lease agreement. 11. Specifically, the Lease provides in relevant part as follows: TENANT'S ACKNOWLEDGEMENT OF COMPLIANCE WITH RURAL DEVELOPMENT REQUIREMENTS: B. Tenant(s) agree(s) to notify the owner/owner's agent when there is a change in his/her/their citizenship status, gross income or adjustment to income, or when there is a change in the number of persons living in the household. This notification must take place no later than 30 days after the change takes place. Tenant(s) understand(s) that his/her/their rent or benefits may be affected as a result of this information. Tenant(s) also understand(s) that -failure to report such changes may result in losing benefits to which he/she/they may be entitled or may result in the owner/owner's agent taking corrective actions if benefits were mistakenly received... F. Tenant(s) understand(s) that income certification is a requirement of occupancy and he/she/they agree(s) to promptly provide any certifications and income verifications required by the owner/owner's agent to permit determination of eligibility and, when applicable, the monthly tenant contribution to be charged. See, Exhibit "A", pp. 2-3 12. Pursuant to the terms and conditions of the Lease Agreement, the Owner may terminate the lease as follows: TERMINATION BY OWNER/OWNER'S AGENT: A. The owner or complex manager may terminate or refuse to renew any occupancy only for material noncompliance with the lease or other good cause... B. Material noncompliance with the lease includes: (a) Substantial or repeated violations of the lease, occupancy rules and regulations; {1_0468552.1 }3 t 1 See, Exhibit "A", pp. 8. 17. Harder's failure to report her income and the change in occupancy of her unit are material violations of the terms of the lease, which warrant immediate termination of the lease. 14. On March 9, 2012, Ms. Harder was given notice to vacate the premises by April 9, 2012 but has not yet done so. WHEREFORE, Plaintiff, Pine Ridge Associates respectfully requests judgment in the form of exclusive possession of Unit #306 of Pine Ridge Estates as well as the $118.78 filing fee in the Magisterial District Justice below, and any and all other relief that justice requires. A JURY TRIAL IS DEMANDED. BY. Alan 1'. Silko, Esquire Pa. I.D. #46837 Robert C. Bechtell, Jr., Esquire Pa. I.D. #208014 Levicoff, Silko & Deemer, P.C. Centre City Tower, Suite 1900 650 Smithfield Street Pittsburgh, PA 15222-3911 412-434-5200 (ph) 412-434-5203 (f) Counsel for Plaintiff {0468552_1 14 e Pine Ridge estates 441 E M'iftl Avenue A naeenue? 7 l?'aare 1tC?<act :ifit)1 44l ? Pittsburgh. PA 15'_ 11-2654 mt holly Sprintgs,PA 17065 1'harte_ 41 2 -6 i -7400 I'lhs>c N7-4X6-406'1 I T: 8,oO-654-5994 f a? : 17-480-406 1 { (j()-654-591;4 r .: RESIDE NT Sl.I,i?C'I It) ? i"LAN AND SCREENING C;RITERL)k t , 1, OR RURAL. 17L?'I Lt?P ?1EN'I` 515 RL RAL E1MjSItiG Pa(e I of`4 Re i-ion date (),' 9 (prcw'ious versions t)bss?lcte;r Thi Document is provid -.d to each applicant at time of applicationa. we do lausinc 4s in Accordance with the I ederal Fair Housing Law. We ww ill not discriminate against any person because of race, color, religion, sc x handicap familial status or national origin, (The Fair Flousinty Amendment ,tyc.t of In cornpliancc with Section 504 regulations, woe do not discriminate on the basis of handicapped status in the admission or access to, or treatment, oa emplotanent in, tour federally ,assisted programs anti :'ictlvitics, Management will consider requests from individuals with disabling conditions or mobility impairments for reasonable accommodations in policies, practices or facilities. Applications wwifl be accepted at the Comrnunit_y Rental Office during; normal office hour:; unless another place ol' acceptance is desi fnated. All persons will be provided an opportunity for submission of an application. All applications wild be stamped with the (late and time they arc tec.eived, ill applicants will be notified ww'ithin 10 days of the receipt of their application, as to placement on the waiting list. if occupancy '?woll be wwithin 90 days, verification of all information wwill determine chgibiltty of the applicant, otherwise pre-determination will be conducted from the infortnation on the application for placerncnt on the wwanin g list. At the time ara applicant is contacted for an available; unit, final determination of eligibility will be conducted ,:at that tame. Applic ilon:? ww-ill not he accepted if th w are not completed to the extent that allowws lore-screaninf tit determine if`tl'aey meet the requirements ofthe pro,";ram under which the property operates. For the purposes of apph'cation fir housing. Applicant will he defined tas: the. Applicant, Co-Applicant and :all radul# [funny meinbers. Applications will swot be accepted if: L T11C adjusted anmral income (foes not meet the definition of very-low, loin, or moderate income as required for the specific project for applicant selection, tenant contribution and continued occupancy. ?. Thi: applicant does neat meet tiro legal capacity to tatter intsa a lease agreement. 7. The farraaly sire is not appropriate to the apartments in the coannaclnity. 4_ 'l`l,c applicani does rant meet the resident selection criteria. 5. The <applic-int does not meet the I-ninimu a I-m ancial requirements needed to afford the torah. Accepted applicEations wvill be placed son a wwartin list for a unit size for Which they qualify sand have requested on the application. Once you are admitted to a particular size unit you wwrill not be eligible for a transfer unless there. is a change. in your fiamily size car for medical reasons. Applicants will be placed on the wwaitim-, li',st in order of date sand time of recreipt, Available units will ':?c offered to applicants in order of applicr,ttiOI 1,Uh,icct to the followwing- 1. {'a neat M-pl acre. re: idcnts who require a unit transfer .will be processed accordin to tile. omit transfer l)olic?. EXHIBIT 1i A I N plic ants ?.,Jlh all 'AdJuSted annual income; in tilt'. '-,`cry 10w Inc ?nie bracket as t:leterni.Iied by limits cstaf?!i>hc°111ytli ,.111-al f)ctvelopri?ent. Appiicants A dh an adjusied annual income in the to income bracket as determined by limits mminkshol In they Rial Development. 4. Apywicant: nth an adjusted annual iriC-dmme in the moderate income bracket as dei:ertwried by hnatts established b? Rural Development. l ,slit . lr<? icliri;?l special ecluipment or features desIned A individuals % ith disabMs wili be. c>ffi;recl to ;3np11;`iantr im''iic follo,,In_?, order: 1. 1 ;o,Q xkhiI ;iced flic i.Itnies cif the rnit ,and their adjusted annual income is \,ithiri the eery low s ..,. ";i?t? 4i17i. i1r }?r rr't loll' their ar'a . ?, T110,'A- -M-10 itcG:d the. featLI -Ci', Of the tint and Oak adfrim :d amiual income is within iht Iow income b ackei foi their area. Thosc that do not need he features of he unit and their a40sted annual incorne is ithili the very- income bi-ac.ke't Vor their area. ..xPPj.jC,.kj'10.;N PROCESSING: ?, lacn a unk l.Fumniet bailable (lai the applicant or when InanYLIernent hAS reasclia to hclt ?e a Unit W' ll >ee{)ilie atiaiiM in the near iiiture.. information provided on the application Nvill be ~? edheei- % ith regards -,u irwoi ie tnc: folloNvinf wi 1 be used as a gkidliiie when pre-determining and pmc asmg applications. Applicants roust shmv an A1.).It STt l) ANSUAL INCOME equal to or ill excess of 40% oaf the morithly n:iit in order o financially quality- For residenc?. (/ mounts are hosted in the rental office.) In iddition to im o>rgae°. family size- and expense Le,rliic4atioiis, backjound checks vvill be conducted on rental, i ,wit`s, tro crimii"iai hicwi ry, History will be sought. on all adult hell bus o tit family fora p,, Iri.7d of tip 0, to pot 610 yum. ,,lose, di?at a NO MW or; on ell*,ilaility cannot be made until -1., ?eriiwatic?ns have 'pi?.IcarU°, '??31 xr _ )ee;2? complc fc(l. A plicar s o'1 ths. LLaitirm!??" list are rush{}rWhic fai- ieportiry; ary, change o address (}hone number, 110uschOld conapo' iti+lra, (11' financial status to m arrage:rnent. ,applicants should contact to anaj?lerrlCnt orlCe evcry sly, months to reaffirm their interest in an apartment and update their current information. This contaet lwith , . cr, ::. nt may be in person or in writing- however, failure to reconfirm interest with n ana erne w F i,.. cry six months, Avill not result in the deletion of the application from the. ? aitirlg list. If an <appiicar'=t i its the 1iir,,t unit offeredt he'sh< will be rerno ed frorn the waiting hst. Unless a hardship )ms or rent exceeding, Of adjusted monthly ioeoine exists. All applicants sticlt as tlles:lic. rcm(mcd may ' ;)lti 'r3'i'la =a riew applicaticyn. xPI'r:9f'MIONS NNILL BE REJECTED 1FAN V W ME FFOLL:ONNA C ARE, VERIF IED- i . t'RIN-11 AL: HI4'F'ORV._ in he nits rest of the , afe.ty and welfare of all ie iderit management z all conducC a Crirrcinal history check on ail achilt is embers (agE? IS or olden of the applicant family. 'hhc° con will be a> i 0,00 per porson per courity. All such persons wit be iecluired to sign appioiphat: consent t,orr s v, obtaini i.lti? information. Corisideration shall tie gh n u) the Was of each person's c.riniirial hi,,,ore pith, t iu 16111" ig auidelfnes applied consist idy: a. ('irrqee?st Persons and/or Qgiyerty t +n?,?4 i(tion of` such a crini within the past eight years ",ill scree as grounds for rejection. ?i:?cll crimes shall include but not be limited trl NS check,, holallf`t,in?, public intoxication, the illegal use or chstribution of any controlled substance, -e w c o 'iny W capon, proslitution, D1, ,L 1)urgl ark,., conspiracy, actions through .,,?RD court or any innamon defnre•d under the We and Wail penal were as a naisdenieanor, o felony. in Div;; Related Criminal recta 4 zW t e m iction or rile maiiiActui e, sale, Or CbSthbeition, ors U ti1:)Il'Nith the intent to 7'1arnif.lcture- _fll, m ili4dbute al convolle iubsuAnce td1diin the past F< in t) ycatxs vv III serve ah grounds iar rcjce ticin, Drug related criminal activittr (foes NOT include the use or possession of a controlled substance if tho applicant can demonstrate that he/she has ail iddiction to a controlled sutnstance, has a record of such an impairment, or is regarded as having such an impairment AND has recovered from such addiction as evidenced by cotlaptetiarr (if an accredited rehabilitation program, has not used or posscssed a controlled substance for a period of at least one year, and does not currently use or posse's a controlled substance. c. Illegal Firearms: Conviction Tor the possession of an unregistered firearm or possession of all illegal Acapon within the past eight year, will be considered ground.s for relectiott cl Pattern of Criminal Behavior/ Gan ?lcti? etc; If the criminal history reveals that the applicant has developed a pattern of e,riininal behavior and/or has been involved to gang activity. and such behavior presents a real or potential threat to residents and/or property, this Information n,ay be used as grounds for rejection. C. Tralfr+c Violations. any traffic vtolation that involves the use of any controlled substance. 1`. ,arrest: If an applicant or member of an applicant family has been arrested for ,a crime but has not 10et been tried, the application will be sus wend tl in its current position on the waiting list pe:n(1 ri the4 outcome of the legal proceedings. The application will be reconsidered, with the ;tbove):'uidelines applied. alter such legal proceedings have been concluded. CREDIT REVIEW Credit reports will be obtained for each adult member (age 18 or older) cif. the a nhlicant fa,tnily. The cast a ill be X35.00 per person, S 1(,00 per person, per additional county lived in within the last K years, Married couples with similar rental infoiniation will be charged oi).00 ftyr a joint credit report. (Prices alit not include 6`,o sales tax charged..) Lack of credit history shall not be ;.,rounds for reiection, but a poor credit history may be The following items shall be considered examples of unfavorable credit and will be taken as an indication of the applicant's inability or unwillingness to pay rent on time. and shall serve as the basis of rejection. ?. An%, one (single account) obliLattion that is 3 months or more delinquent. env court fines unsettled. c . AtIV one suit riot remedied or ar Suit pendin", ?.II credit shove ri in the report issued by the credit bureau will reflect on bout Spouses in the tbscrnct o'fii? tree and/or legal docutner:tation that clearly separates the parties' credit responsibilities. In the case of untavorable credit references, the responsibility of management is limited to informing the applicant that the application has been rejected hawed on c_on.fident laI information received from the credit bureau. If the applicant believes the credit report is in error, management is agreeable to re ppraismo t credit re°pon 16rwardcd to management by the credit bureau on behalf of the applicant, which identifies corrections or additions made as a result o action taken by the applicant directly with the credit bureau. The applicaJon is, hoveover, considered re_ICCM1 until such updated information is received. The position on the ?vattin list will be suspended pending receipt of corrected information: however, the suspension will be .tii,k.far a ntxtximurtt of sixty (t,tv>. after which time the rejection will become final. VERIFICATIONS OF PRIOR RENTAL HISTORY. applicant will be rejected if there is: aa. arty one history indicating the, applicant "skipped" h. AW), ()ale. ev iettor far cause. In eases of e viction for non-payment of rent, consideration shall be .:even to the financial ability of the resident to pay the required rent. c. any, tvk o late payments of rent during any six (6) month period. d, any rental histor% indicating that the applicant, family, member or visitor was destructive to the apat trtient, or the surrounding arc' or was responsibl{? for disturbing the safety, security, or right to peaceful enjovnient of other residents. L% anv uniauthortzed alteration to 1.he. apartment that would create an insurance risk or fire hazard. f, i r1svrt rtatV' ltv in: clue to lack of liouse'keeping. w. The Liinrily, az?sistance or restdencv to a subsidized housing program has been terminated for fraud, nonpayment of rent or failure to -,)-operaate with the re-certification proccdures. Applicant, are voquired to complete art lppIic itlon fo1rrn and tic>nsent to the release o information nece ;al, to ??s??l?f ? all In ?:?ine, exp n es. assets, household ch Era.ctellstlcs and circum-stands that effect ligibihty or the c alc:ulatron of rent. phis information. for all n1<rnbers of the applicant household, will be independently v crified by management in compliance with retwulatron contained in the aural Development 1930 ti'. -F he applicant rntast also agree to accept the rental amount established in accordance 1A it'll the Rural Development 1930-C and the comps ion of the Fenant Certification 1944-8. Applications v? Id be rc_jected if man-agern€;nt determines there is a substantial risk that the applicant, other family inembers =..)r visitors to the apartment will interfere with the health, safCty, sec,uritv, or right to quiet erryt:ryinent Of'oth ;r resld0111s. I' a renta ca r?dit h?stor a ua?3t be obtained the applicant will be asked to firm-;h at least ponson al ( non-fam ly), reptitable references ,N,horn the applicant has known for a minimum of one yeIT. pphcraut,? rnu.wr cem y in writing as i(:) ,whether- any family nlernber dict'did not dispose. o ativ assets for Icss than 4iir imirket vwalue during tine tWO wears preceding the effec'tivc date oftheir Initial certification, Applicants must eel if- that the unit applrc 1 for will be the applicant's sale residence. mid the tap, ic:aslt wffl not m aitlt"ar a ptilratc? suhsidized rcnr?al apartment in a different location. Applical-11 rxlust luu?,ide accurate and cornplete Social. Security numbers for tilt household members age six or older. or cxCc utt reCluired Certilic,"Ition lf' naaMllers have nol. been ssigneol, Failure to do ,o will be -rounds fOr denial of assistanc+?. Applications, v ill be updat+ d by management as needed ' ianagernent will make 2 phone or rnall attempts to a onlact the ippliccant 'Then management vvill mail a Gvi-itten nonce to the last known address of the appiicant notifvvlris their to contact the rental office within It) clays. I- Fa response is not rec c ivool within 10 days t11, <tppllc:at!on hill he removed fi-e_m the v,,ii.ting list. i, -1 dcterllI ilatiorr ha; been made tha:.an applicant dues not s;ati,fv the Resident Sekction Criterita, d I h u1iN ,'n prompt. ?xrittera specific notice of the determination. 'The applicant vv =11 be given 10 d.., after the 1L- eipt to submit additional inibrmation that nr?av be wounds for reconsideration If it is clcterrllined Chat tlac; applicant is ellogible- they shall be replaced to their original position earl the Waiting l.i t. l3oc+amer=.t..ttli)'s1 relat"no to the re ecticm ol` rr applicant will be kept on file.. ( o be sill lble for oc.cupanq, the tatnlly 4r 'v must meet the iollo),ving, uldellrres: 4 Number cal` 13cdrooms: ? 3 4 ~,r rasher at €'cl,l?ll,, Milimurn: 1 C, N,laxamum: l 8 Fxcept.16?is tc, i1w mildelmos contained i tl-l s lZesident Selection Plan and Screening C riterra may be tlla& at the, d scretion of tile, many-ement <:omparv, when it i4 detennined that it is in the best interest of the appli : r1t :ar the property to do so, The person narllcd bc1osv la's been designated to coordinate: compliance with the non-c ir,:crirnina,tion reclraitements cortained in the Department of flow irg and urban Developmcnt's regulations implomcntino Section it},l. (24 C FR Part v date(! June ?, 198 )- I..orrie 13,,m Voice Phone: ill `-647--,400 N DC Man.agetnrent `l'T 800-6-54 5984 441 1.iftl Avl-ltiL l'ittsl>urgh. PA I52I;5 PINT RIME, ESTATES ADDENDUNITO LEASE havirl? The LANDLORD, PINE. RIME ASSOCIATES, and the I EN:AtiT, Shandi Hat-der, entered into it lease for the premises located at Apartment 306 at 7 fine Roan.-VIt. Holly Springs, PA. 17065, do agree that this addendulll is made mart of the original lease agreement. 1?1 t, The resident upon signing this Addendurn, igre+:s that the term cif the lease shall he oil ? n onth to month basis. In the event that Tenant desire,, to ternninate the. L-easc. lie she shall tender to the Landlord written notice at least ` HI1ZTY (30) DAYS prior to the date. Tenant intends to vacate the premises. If tenant fails to tender the required THIRTY ('30) DAB' Written notice. lie she shall be liable for the nicnlth rental payrnent for the THIRTY l.30) DAY pet-loci of tinge together with any other dania-;cs as provided rl, thc° lt;:atie i??.]'QCi7rerat. in the case of all,,, coil tlici lietvveen those and other provisions of the lease'', these: provisions shall prevail. t., i lie total rent shall be `li 520.00 per' nlc>nth. l). Of the total renlt, a 520.00 shall be lir i ble by car at the direction of the Rural I lotisin ?;errvice (for nterly harmers Howe Administration), .as housinu assistance payments on behalf of the l errant. and $ 0.00 shill be payable by Ilie 1 errant, Tenant will received the slim of `l; 30.00 ?31"? a utility reinil-)ursenie_nt. I hes accounts shall Oc sub,icci to chanulle. by reason of changes inn the l enant's family income- faliilly Conlpensitienl or extent of exceptional medical or other unusual expenses, to accordance with the RE(J) established schedules <ind criteria; or by reason of adjustinent by RI IS of all applicable Alk)N.- <)Ilcc for I tilities and other `service,. Any such change shall be effective ,is o tine elate stated ill <l notificatlon to tile Tcliant. c. I cclaill is subject to be recertified at least once a year, and the necessary changes M the rental 'twount i! ,Inv will lac incorporated into the i Lase..' greenric;nt, el 'I'h+4: Lessor shall not discrinlina ed :ag-ainst the Tenant in the provisienrn of serti icc? oi- in my other Enataine;r, oti the <Orounds of race, color. rcli6on, sex, handicap, f nrniiial status, or nation.nl ori!in, e. All other covenants and conditions otIthe• Lease shall rernain in effect, and no covenant or concfitic F rsf`thc Lease shall be deemed waived by any actiV,nn or non-action in the past. z n _°v,Atj =? \61 l H )kt)*\s, i '1i (gy ®r LEASE AGREEMENT This Lease Agreement is a written contract between the OWNER and the TENANT(S), assuring the tenants(s) quiet, peaceful enjoyment, and exclusive possession of a specific dwelling unit and use of common facilities in return for payment of rent and reasonable protection of the property. 1. fLLENTIF_ICATIQN Q PREMISES: This Lease Agreement is for the living unit identified as: Unit Number 306 Complex Name: Pine Ridge Estates Complex Address' M7 Pine t. ll Holly Springs, PA 17065 2, PARTIES TO LEASE AGREEMENT: The parties to this Agreement are identified as Owner: Pine Ridge Associates Management+Owner's Agent: NDC Real Estate Management Inc. Tenant. Shandi Harder Co.-Tenant: NIA Others who will reside in the unit NAME AGE _ RELATIONSHIP Son _ SE M . Andrew Harder -----?----?--- Amalie Kunkle -? Daughter F - - 3. PERIOD COVERED: 'This Lease Agreement shall be for twelve (12;? months beginning the 1s` day of February 2010 (starting date). Subsequent leases or lease extensions shall cover a twelve (12) month period as long as tenant remains eligible for continued occupancy Tenant shall be entitled to possession of the unit on the Starting bate upon signing this lease and paying the first month's rent contribution payable pursuant to Section 8 of this Lease. If the Tenant is unable to take possession of the unit because the unit is not ready for occupancy, a previous tenant has not vacated the unit or for any other reason beyond the control of rlthe owne following r's agent shalll have the right ownerjowner's agent, the cannot be delivered by that time, eithee r thshall e tenant or first the ow e of to end this Lease. 4 DISCRIMINATION: This apartment complex has been financed by USDA Rural Development arid is subject to the non-discrimination provisions of Title VI of the Civil Rights Act of 1964, Title Val of the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, the Americans with Disability Act, and the Age Discrimination Act of 1975. All discrimination complaints are to he directed to USDA Director, Office of Civil Rights; 1400 Independence Ave, S.W., Washington, CSC,' 20250. Complaints of Fair Housing violations may oe sent directly to the Secretary of Flodsing and Urban Development, Washington, DC 20410. VA _,e"Ise 02i200 The owner/owners agent is forbidden by law from making a judgment as to whether individuals with a handicap or disability are capable of independent living. By the execution of this lease, the tenant(s) islare assuming the risk and responsibility of living within and upon the complex premises- 5. ELIGIBILITY AND RENTAL RATES: Tenant eligibility and tenant contribution will be based on the household's adjusted annual income as determined through income verifications, family asset determinations, current income limits and the provisions of Form RD 3560-8, Tenant Certification, a copy of which is attached to this lease. The household's adjusted annual income must be determined at least once every twe ve months. 6. IL gg&A DRUGS AND DOMESTIC VIOLENCE: It is understood that the use, attempted use, or possession, manufacture, sale, or distribution of an illegal controlled substance (as defined by local, state, or Federal law) while in or on any part of this apartment complex or cooperative is an illegal act. It is further understood that such action is a material lease violation. Such violations (hereafter called drug violation°) may be evidenced upon the admission to or conviction of a drug violation. It is further understood that domestic violence will not be tolerated on Rural Housing properties, and that such action is a material lease violation. All perpetrators will be evicted, while the victim and other household occupants may remain in the unit in accordance with eligibility requirements. The owner/owner's agent may, in its sole discretion, require any tenant or other adult member of the tenant household occupying the unit (or other adult or non-adult person outside the tenant household who is using the unit) who commits a drug violation or domestic violence to vacate the leased unit permanently, within time frames set by the owner?owners agent, and not thereafter enter upon the owner/owner's agent premises or the tenant unit without the owner/owner's agent's prior consent as a condition for continued occupancy by members of the tenant household. The owner/owner's agent may deny consent for entry unless the person agrees not to commit a drug violation or domestic violence in the future and is either actively participating in a counseling or recovery program, complying with court orders related to a drug violation or domestic violence, or has completed a counseling or recovery program The owner/owner's agent may, in its sole discretion, require any tenant to show evidence that any non,-adult member of the tenant household occupying the unit who committed a drug violation or domestic violence, agrees to not commit a drug violation or domestic violence in the future.. and to show evidence that the person is either actively seeking or receiving assistance through a counseling or recovery program, complying with court orders related to a drug violation or domestic violence, or completed a counseling or recovery program within the time frames specified by the ownerlowner's agent as a condition for continued occupancy in the unit. Should a further drug violation or domestic violence be committed by any non-adult person occupying the unit, the ownerlowner's agent may require the person to be severed from the tenancy as a condition for continued occupancy by the tenant. If a person vacating the unit, as a result of the above policies, is one of he tenants, the person shall be severed from the tenancy and the lease shall continue among any other remaining tenants and the owner/owner's agent. The owner/owner's agent may also, at the option of the ownerlowner's agent, permit another adult member of the household to be a tenant. Should any of the above provisions governing a drug violation be found to violate any of the laws of the land, the remaining enforceable provisions shall remain in effect. The provisions set out above do not supplant any rights of tenants afforded by ±aw. 7. RA A. Tenant(s) understand(s) that he/she/they will no longer be eligible for occupancy in this P,? E .easy Cl`2"MOS complex if his/her/their income exceeds the maximum allowable adjusted income as defined periodically by USDA Rural Development for the state. B. Tenant(s) agree(s) to notify the owner/owner's agent when there is a change in his/her/their citizenship status, gross income or adjustment to income, or when there is a change in the number of persons living in the household. This notification must take place no later that 30 days after the change takes place. Tenant(s) understand(s) that his/her/their rent or benefits may be affected as a result of this information. Tenant(s) also understand(s) that failure to report such changes may result in losing benefits to which he/she/they may be entitled or, may result in the ownertowner's agent taking corrective actions if benefits were mistakenly received. Tenant(s) understand(s) that corrective actions the owner/owner's agent may take nclude the initiation of a demand for repayment of any benefits or rental subsidies improperly received, initiation of a notice to increase; his/heritheir monthly rent to $ 788.00 per month (note rate rent), or initiation of a notice of termination. Tenant(s) understand(s) that one or more of these remedies may be initiated at the option of the owner/owner's agent and that Rural Development may also initiate action to ensure appropriate corrective action is taken. C. Tenant(s) understand(s) that if he!she/they is/are no longer eligible for occupancy under the housing project's occupancy rules or Rural Housing Service regulations, helshe/they must vacate the property within 30 days of being notified by owner/owner's agent that: he/she/they is/are no longer eligible for occupancy or at the expiration of the lease term, whichever is longer. D Tenant(s) agree(s) to occupy the unit as a permanent residence for the duration of this lease, anc that no separate subsidized rental unit will be maintained in a different location. Tenant(s) understand(s) that he/she/they must promptly notify the owner/owner's agent of any extended absences. Additionally, if tenant(s) do/does not personally reside in the unit for a period exceeding 60 consecutive days, for reasons other than health or emergency; the net monthly tenant contribution shall be raised to $ 788.00 per month (note rate rent) for the period of his/her/their absence exceeding 60 consecutive days. Tenant(s) also understand(s) that should any rental assistance be suspended or reassigned to other eligible tenants, tenant(s) is/are not assured that it will still be available to him/her/them upon his/her/their return Tenant(s) also understand(s) that if his/her/their absence continues, owner/owner's agent may take the appropriate steps to terminate his/her/their tenancy. F. Tenant(s) understand(s) that should he/she/they receive occupancy benefits to which he/she/they is/are not entitled due to the failure of him/her/them or owner/owner's agent to provide information or due to incorrect information provided by him/her!them or on his/her/their behalf by others, or for any other household member, tenant(s) may be required to make restitution and he/shefthey agree(s) to repay any amount of benefits to which he/she/they was/were not entitled. F. Tenant(s) understand(s) that income certification is a requirement of occupancy and hefshe/they agree(s) to promptly provide any certifications and income verifications required by the ownertowner's agent to permit: determination of eligibility and, when applicable, the monthly tenant contribution to be charged. G_ Tenant(s) understand(s) that his/her/their tenancy is subject to compliance with terms of all applicable assistance programs covering the unit and the project. Tenant(s) is/are aware that the submission of false information may result in the initiation of legal action by the Government. H. Should any Federal subsidies paid to the owner on behalf of tenant(s) be suspended or canceled, due to a monetary or non-monetary default by the owner, the monetary payment made by the tenant( s) to the owner (or, when applicable, the monetary payment received by the tenant(s) from the owner) shall not change to exceed that which would have been required had the subsidy remained in place. The terms of the lease will remain in effect until the resolution of such action. P,1\ Lease 02/2008 i. If this unit becomes overcrowdedlunderutilized or should the tenant(s) no longer meet the eligibility requirements of the complex during the term of the lease agreement, the tenant{s} will be required to vacate the unit at the end of the lease term unless eligibility can be established following specified steps, such as moving to an appropriate size unit. or Unless an exception is granted by the owner/owner's agent. J. This tenancy will continue to exist after the tenant household has personally ceased to occupy the unit, with the intent to vacate, until such time as the personal possessions have been removed, either voluntarily by the tenant(s), or by legal means according to state law. 8. INTEREST CREC3IT OR RENTAL ASSISTANCE: The applicable clause below is to be computed by owner/owner's agent, initialed by the applicant and the remaining two °X-ed" out. E;] A. Plan I - no interest credit or rental assistance. Tenant(s) understand(s) and agree(s) that his/her/their gross monthly contribution as determined on the latest Norm Rd 3560-8, which must be attached to this lease for occupancy charge and utilities will be $ If tenant(s) pay(s) any or all utilities directly (not including telephone or cable TV), a utility allowance of $ will be deducted from his/her/their gross monthly rent except that he/she/they will pay not less than the basic rent nor more than the note rate rent stated below. His/her/their net monthly rent will be $ ____. Tenant(s) understand{s} that should he/she/they receive rental subsidy benefits (interest credit) to which he/she/they is/are not entitled, he/she/they may be required to make restitution and he/she/they agree(s) to pay any amount of benefit to which he/she/they wasiwere not entitled. Tenant(s) also understand(s) and agree(s) that his/her/their monthly rent under this lease may be raised or lowered based on changes in the household income, failure to submit information necessary to certify income, changes in the number and age of persons living in the household, and on the escalation clause in this lease. His/her/their rent will not, however, be less than S _ (basic rent) nor more than 5 _ (note rate rent) during the term of this lease agreement, except that based on the escalation clause in this lease, these rental rates may be changed by a Rural Development approved rent change. The monthly rent contribution is payable on the first day of each month; beginning on the Starting Date - Z S. For use with Plan 11 Interest Credit only. Tenant(s) understand(s) and agree(s) that his/her/their gross monthly contribution as determined on the latest F=orm RD 3560-8, which must be attached to this lease agreement, for occupancy charge and utilities will be $ __ If tenant(s) pay(s) any or all utilities directly (not including telephone or cable TV), a utility allowance of $, _will be deducted from his/her/their gross monthly rent except that he/shelthey will pay not less that the basic rent nor more than the note rate rent stated below. His/her/their net monthly rent will be $ _. Tenant(s) understand(s) that should he/she/they receive rental subsidy benefits (interest credit) to which he/she/they is/are not entitled, he/shelthey may be required to make restitution and he/shelthey agree(s) to pay any amount of benefit to which he/she/they was/were not entitled Tenant(s) also understand(s) and agree(s) that his/her/their monthly rent under this lease may be raised or lowered based on changes in the household income, failure to submit information necessary to certify income, changes in the number of age of persons living in the household, and on the escalation clause in this lease. His/her/their rent will not however be less than $ _(basic rent) nor more than $ --(note rate rent) during the term of this lease agreement. These rental rates PA ;.:ease 02/2008 4 may be changed by a rural development approved rent change The monthly rent contribution is payable on the first day of each month, beginning on the Starting Date. C;. For use with Plan 11 interest credit and rental assistance. Tenant(s) understand(s) and agree(s) that as long as he/she'they receive(s) rental assistance, hisiher/their gross monthly contribution (as determined on the latest Form RD 3560-8, which must be attached to this lease) for rent and allowance for utilities will be $ 107.00 . If he/she/they pay(s) any or all utilities directly (not including telephone or cable TV), a utility allowance of ; 112.00 will be deducted from his/her/their gross monthly contribution and his/her/their resulting net monthly contribution will be $ 0.00. If his/her/their net monthly contribution would be less than zero, the owner/owner's agent will pay tenant, Tenant(s) understand(s) and agree(s) that his/her/their monthly contribution under this lease may be raised or lowered, based on changes in household income, failure to submit information necessary to certify income, changes in the number and age of persons living in the household and on the escalation clause in t is lease. Should tenant(s) no longer receive rental assistance as a result of the changes, or should the rental assistance agreement executed by the owner and Rural Development expires, tenant(s) understand(s) and agree(s) that his/her/their monthly contribution may be adjusted to no less than $ 510.00 (basic rent) nor more than $_L88.00 (note rate) during the remaining term of this lease except that based on the escalation clause in this lease, these rental rates may be changed by a Rural Development approved rent change. Tenant(s) understand(s) that every effort will be made to provide rental assistance so long as he/she/they remain(s) eligible and the rental assistance agreement between the owner and USDA Rural Development remains in effect. However, should this assistance be terminated, tenant(s) may arrange to terminate this lease: giving proper notice as set forth elsewhere in this lease. No tenant contribution to rent may be increased during the term of this lease if rental assistance or interest credit is suspended or terminated due the fault of management or the owner. The monthly rent contribution is payable on the f..rst day of each month, beginning on the Starting Date. 9. PREPAYMENT IjOTICE: The federal loan on this complex (was) (will be) (may be) prepaid on NIA. As a condition of the Government's approval of a request to accept early payment on notes owed, the tenant household is protected, to the extent herein disclosed, against involuntary displacement (except for good Cause) and against having the tenant household contribution level (rent) materially increased until or until the tenant household decides to move depending on the restrictive use provision accepted by the owner. Specifically, the tenant household contribution level (rent) must be consistent with those necessary to maintain the complex for low- and moderate-income tenants. Those tenant households whose tenant household contribution level (rent) did not exceed 30 percent of their monthly adjusted income at the time the prepayment was accepted, may have their tenant household contribution level (rent) raised to the lesser of 30 percent of their monthly adjusted income or 10 percent of their gross monthly income per year. Those tenant households who tenant household contribution level (rent) exceeded 30 percent of their monthly adjusted income at the time of prepayment was accepted, may have their tenant household contribution level (rent) raised to the lesser of the latest U.S Consumer P.'k Lase 021/2008 Price Index or 10 percent per year. 10 WAIVER FOR INELIGIBLE TENANT (tenant(s) will initial as appropriate) Occupancy of Underutilized or Overcrowded unit Tenant(s) acknowledge(s) that he/she/they is/are occupying a unit that is overcrowded/underutilized that he/shelthey will be required to vacate the unit at the end of the lease term unless eligibility can be established following specified steps, such as moving to an appropriate size unit, or if an exception is granted by the owner/owners agent. L7 occupancy of handicapped Unit by Person(s) Not Hand icappediDisabled. Tenant(s) acknowledge(s) that he/she/they are occupying a designated handicapped accessible unit. Tenant(s) acknowledge(s) that priority for such units is given to tenants needing special physical design features. Tenant(s) acknowledge{s} that he/shelthey is/are permitted to occupy the unit until owner/owner's agent issues a notice that a priority applicant is on the waiting list and that he/she/they must move to another suitable sized vacant unit in the property. Upon receiving this notice, tenant(s) agree(s) to move at hislher/their expense within thirty (30) calendar days to the suitable sized vacant unit within the property, if one is available. If a suitable sized unit is not available in the project within 30 days; tenant(s) may remain in the unit with accessible features until the first available unit in the project becomes available and then must move within 30 days. Tenant(s) further understand(s) his/her rental rate will change, when appropriate, to the rental rate of the unit he/she/they move(s) to and this lease will be modified accordingly. 11 PENALTY FOR LATE PAYMENTS: After a 10 (Ten) day grace period fallowing the Cate on which tenant contribution or other financial obligation of the tenant(s) is/are due, if no acceptable reason is provided, an additional charge will be assessed of $ 20.00 payable with the payment due. 12 QBLIGA.TIONS OE TENAN .' The tenant(s) agree( s): A. To pay the tenant contribution in the manner directed by the owner/owner's agent on or before the first day of the month without requiring a statement to pay when billed B. That utilities (are) (are not) included in the net tenant contribution. When the utilities are responsibility of the tenant(s), the tenant(s) must pay all utility charges when due or to arrange for payment of such charges in such a manner as to not affect the delivery of utility services to the premises. C. Not to assign this lease, nor to sublet or transfer possession of the premises, nor to give accommodation to boarders; lodgers or others; nor to use or permit the use of the dwelling for another purpose than a private dwelling solely for the tenant, co-tenant and others as shown in this lease. The tenant(s) is/are permitted to have guest(s) visit the household; however, the owner/owner's agent reserves the right to request a recorded declaration of domicile or proof of domicile if it is suspected that the guest is an unauthorized household occupant. Such suspicion may arise whenever an adult person(s) is/are making reoccurring visits or one continuous visit of 14 days and/or nights in a 45-day period without prior notification of the owner/owner's agent. Should the tenants; or person in question not provide the requested information needed to confirm other domicile; or should the facts be sufficient to evidence domicile in the complex. then the ownerlowner's agent may enforce any lease covenants shown to be broken and/or require re-certification. GUESTS MAY NOT INCLUDE BARRED PERSONS OR PREVIOUS TENANTS WHOSE LEASE WAS TERMINATED BY THE OWNER/OWNER'S AGENT. PA f-ease 02.12008 6 and surrender at the termina ion of s lease goo © epa ruit , reasonable wearr anrdtearr excepted a d totpay for arny p c pertyy da argee. and E. To follow all rules and regulations and other conditions of occupancy as posted and/or attached to this lease and as amended from time to time by the owner/owner's agent and approved by Rural Development. Guests of tenant(s) are also expected to behave in a manner which is not disruptive to the complex or other tenants. >= To keep the premises in a clean and sanitary condition; to maintain the yard, walks, porches, halls and other common areas used by the tenant(s) in a neat and orderly manner as prescribed by the owner/owner's agent; not to make any repairs or alterations without the written consent of the owner/owner's agent; not to display any signs whatsoever; not to use tacks, nails, screws, or other fasteners in any part of the premises except in a manner prescribed by the ownerlowner's agent: not to place any decals on walls, cabinets, ranges, plumbing fixtures, or equipment owned by the owner/owner's agent; and to notify the owner/owner's agent promptly of the need for any repairs to the premises.. G To dispose of garbage, rubbish and all waste materials in a proper manner as prescribed by the owneriowner's agent. H.. To permit the owner/owner's agent or its representatives to enter the premises, during all reasonable hours, to examine the same, or to make such repairs, additions to, or alterations as may be deemed necessary, or to show the premises for releasing, and to permit the owner/owner's agent or its representative to enter the premises at any time for the purpose of determining whether said premises are being used in violation of any of the terms of this lease. Where possible, the tenant(s) will be provided with at least 24 hour notice of the entry, however in any case where entry is made without a member of the tenant household being present, written notice of the entry will be left in the unit I. Not to keep, feed, or allow any animal pets on the leased premises, unless authorized by the owner/owner's agent in accordance with the terms of a separate agreement attached to this lease; not to store any household goods or other property outside the dwelling not to keep gasoline, naphtha: solvents and any other flammabies in the dwelling unit; not to clean or hang any clothes, rugs: etc. from windows; not to install outside antennas without prior approval of the owner/owner's agent; not to permit any unreasonably loud noises which would cause annoyance or discomfort to other residents: not to cause suffer or permit damage to the premises; not to keep any non-operating car or other vehicles on the premises; and not to park cars or other vehicles other than in designated parking areas. I shall pay management a processing charge for any check of mine that is returned because of insufficient funds, a closed account or any other similar charge which shall be the amount charged to Management by its bank. In the event that my check is returned due to insufficient funds, a closed account or any other similar reason, Management shall have the right to require me to pay the monthly installment of rent by money order, certified check or cashier's check. Such rent shall not be considered paid until it is actually received by Management 13, OBLIGATIONS OE.MANAGEMENT: The management, as the owner/owner's agent, agrees: A To maintain the buildings and any unassigned community areas in a decent, safe and sanitary condition in accordance witn Rural Development regulations and any applicable local housing codes or ordinances. Failure of the owner/owner's agent to do so should be brought to the attention of the owner and/or Rural Development. PA Lease 0211'200,? 7 B. To furnish without additional charge, in addition to utility services for water, sewer, garbage pick- up, range, and refrigerator. C To provide the tenant(s) with a written statement of the condition of the dwelling unit both when the unit is initially occupied and-when vacated, based on a joint inspection made by the owner/owner's agent and tenant(s). D To accept tenant contributions without regard to any other charges owed by the tenant(s) to the owner/owner's agent and to seek a separate legal remedy for the collection of any other charges which may be owed to owner/owner's agent by the tenant(s). E Not to seize and hold property of the tenant(s) for rent or other financial obligations of the tenant(s) except in cases of abandonment when tenant(s) property will be disposed of in accordance with State law. 14, l OTIHCATION: Any notice required by law or otherwise will be sufficient if delivered to the tenant(s) personally or sent by mail to the premises or affixed to the door of the premises. Notice to the owner/owner's agent must be in writing and delivered to the ownerlowner's agent office. 15. TERMINATION BY TENANTS). The tenant(s) may terminate this lease at the end of any 12-month period, for good cause as defined below, by giving owner? owner's agent at least 30 days prier notice in writing, in accordance with owner/owner's agent's written policy. If the tenant(s) intend(s) to vacate the unit at the end of this lease agreement, the notice is still required to avoid additional rent charges. Good cause means moving to another location for employment, loss of employment, severe illness, death of a spouse, or other event that would cause Tenant to suffer a severe hardship if the lease agreement were continued to the end of the current 12- month lease period. 16. TERMINATION BY OWNER/C??JUNER'S_AGENT: A. The owner or complex manager may terminate or refuse to renew any occupancy only for material noncompliance with the lease or other good cause, including but not limited to, actions such as: (1) Non-eligibility for tenancy; (2) Action or conduct of the tenant(s) or members of the tenant's household, which disrupts the livability of the complex by being a direct threat to the health or safety of any person, or the right of any tenant to the quiet enjoyment of the premises and related complex facilities, or that results in substantial physical damage causing an adverse financial effect on the complex, or the property of others, or tha violates state or local law. (3) Expiration of the lease agreement period is not sufficient grounds for eviction of tenant(s). B Material noncompliance with this lease includes: (1) Substantial or repeated violations of the lease, occupancy rules and regulations; (2) Nonpayment or repeated late payment of rent or any other financial obligation due under the lease agreement including any portion thereof beyond any grace period constitutes a substantial violation; or (3) Admission to or conviction for use, attempted use, possession, manufacture, selling, or distribution of an illegal controlled substance that: PA Lease 02/2008 (a) is conducted in or on the premises by the tenant(s), a member of the household, or someone under the tenant's control. (b) Is allowed to happen by a household member or guest because, the tenant(s) has/have not taken reasonable steps to prevent or control such illegal activity; or the tenant(s) has/have not taken steps to remove the household member or guest who is conducting the illegal activity (c) It is not the intent that this provision of material lease violation apply to innocent members of the tenant(s) household who are not engaged in the illegal activity, nor are responsible for control of another household member or guest. It is intent that such innocent persons can remain in the dwelling unit if an otherwise eligible household remains or can be formed. (4) Repeated minor violations of the lease which disrupt the livability and harmony of the complex by adversely affecting the health or safety of any person, or the right of any tenant to the quiet enjoyment of the leased premises and the related complex, or that have an adverse financial effect on the complex. C. Other good cause: The owneriowner`s agent must base their decision on reasonable objective information, not on the unsupported supposition that the tenant(s) may or could pose a harm or threat to the other persons or, property. D, in order to enforce forfeiture fce nonpayment of rent, it shall not be necessary to make a demand on the same day the rent shall become due, but a demand and refusal or failure to pay at any time on the same day, or at any time on any subsequent day, shall be sufficient. E. The failure or omission of the owner/owner's agent to terminate this lease of any cause shall not destroy the right of the owner/owner's agent to do so later for sirniiar or other causes. F If any part of the apartment complex is condemned by any government authority, this lease shall terminate as of the date that possession is taken by the governmental authority 17 iSCLAIMER: Neither the owner/owner's agent nor any of its representatives or employees shall be liable for damage or loss from theft or from any other cause whatsoever to the property of the tenant(s), and members of the tenant'(s) family, or any of the terrant'(s) visitors or guests, Any party to this lease retains full right to any other means of redress available to him/her. 18, SECURITY DEPOSIT: The tenant(s) hereby deposit a sum of $ 455.00 with the owner/owner's agent, receipt of which is hereby acknowledged. The security deposit will not be used for payment of rents or other charges during the life of this lease. Such sum of $ 455.00 with interest, if required by law, will be refunded to the tenant(s) upon surrender of his/heritheir dwelling and a satisfactory final inspection provided he/she/they has/have paid all amounts due to the ownerlowner's agent including charges for property damage. If any sums are charged against the security deposit, the owner/owner's agent will provide the tenant(s) with an itemized ac;ounfing of those charges within the time period required by law. 19. CHANGES IN RENTAL RATES: If the change in tenant contributio7 is due to a change in income received by household members or the number or age of household members. or adjustments to income, the change will be effective with the next payment following the completion of the revised tenant certification. If the change in tenant contribution is due to a change in basic and market rents for the entire complex, the new tenant contribution will be effective upon a minimum of thirty (30) days written notice to the tenant(s) and approval of the new rates by Rural Development, All changes in basic P:`; lease (),212008 and market rents must be submitted to RD for prior review and approval. 20. DISPUTES: The tenant(s) and owner/owner's agent hereby agree that any tenant grievance or appeal from owner/owner's agent decision shall be resolved in accordance with proce hichduis s consistent with Rural Development regulations covering such procedures, a copy attached to this lease. 21. SAL COSTS/ATTORNEY FEES: In the event it becomes necessary to initiate legal action under this lease. if the court finds in favor of the owner, the tenant(s) agree(s) to pay all reasonable court costs and legal fees in connection with that action. The tenant(s) shall pay all reasonable attorney's fees and expenses of ownerrowner's agent incurred in enforcing any of the obligations of the tenant(s) or his assigns under this lease, or in any litigation or negotiation in which the owner/owner's agent shall, without their fault, become involved through or on account of this Lease. All payments to be made by the tenant(s) hereunder shall be made without relief from valuation or appraisement laws of this or any other state. 22. COKE DETECTORS: Tampering with, removing, destroying, disconnecting, or removing the batteries from any installed smoke detector is a violation of the law. The tenant(s) shall be responsible for the replacement of any required batteries in the smoke detectors in the dwelling unit. A smoke detector which does not operate after new batteries have been installed should be reported to the owner/owner's agent. 23 INSURANCE: The owner will not carry any insurance on property owned by the tenant(s). It is strongly recommended that the tenant(s) obtain an adequate renter's insurance policy 24. ISC ASTER: If the premises are partially damaged by fire or other casualty, but can be restored to livable conditions, owner/owner's agent shall repair the premises with reasonable speed, The obligation of tenant(s) to pay rent shall be suspended during the time that the pre=vises remain unlivable. If the premises are destroyed by fire or other casualty, or if the premises cannot be restored to livable condition within a reasonable time, either party shall have the rioht to terminate this lease by written notice to the other party. 25, g IE\ NCE AND APPEAL: Tenant(s) may request a hearing from owner for a grievance coO.cerning an action (or failure to act) by owner/owner's agent or for an of a proposed adverse action by ownerlowner's agent. The grievance and appeal procedure shall be consistent with RD's'regulation?, 7 CFR 3560.160 and shall be posted in the rental office. Notice of eviction and evictions are not subject to this paragrapi ?e ASSIGNMENT OF LEASE: ir,, the event of a change in ownership of this property, this lease may be assigned to the new ownership. 2 fv10D1FICATI0NS AND ADJUSTMENTS TO LEASE Owner/owne'r's agent shall have the right to make the following adjustments in this lease upon written notice to the tenant(s) of not less than thirty (30) days: A Changes Required By Law Changes required by federal, state or municipal law, regulation: or ordinance. B. Health or Safety: Changes in rules relating to the property, including the apartment, which are required to protect the physical health, safety or peaceful enjoyment of the residents and guests in the apartment community. C. Rent Adjusttnents: Changes in the amount of rent provided that they have been made in accordance with Paragraph 19 of this lease. D. Changes to Be In Wntirtcg: No modifications of this lease shall be binding unless in writing signed by the tenant(s) and by owner/owner's agent. PR lease 02i2008 1 () V 28, iwN ORD IDENTITY: The Owner of record of this apartment complex ;s: Pine Rid a Associates 4415 Fifth Avenue P'ittsbur h PA 16213 person whc is authorized to accept service of process in a court action and who se"ves as The the Managing Agent, maintenance and emergency contact person is-Managing Agent Sunshine Luther for. 7 Pine Road #601 ____ exa U-11- C-Anna PA 17065 i;Supply the name, address and telephone number of owner's management agent} 2;, .%?CKNOVVLEDGMENT, OF RECEIPT. I ACKNOWLEDGE. receipt of and, where applicable, execution of thE! following lease attachments (Check as appropriate): Z Form 3560-8, Tenant Certification or HUD Form 50059 (required; _ j CFR 3560.160, Tenant Grievance and Appeals Procedr.rre (required) 1. Lead Warning Statement and pamphiet (required on pre-78 family complexes) Rules and Regulations Tenant's Permission to Obtain Uti'ity Use Records Move In/Move Out Inspection Checklist THIS IS A BINDING LEGAL DOCUMENT. READ CAREFULLY BEFORE SIGNING. The parties hereto have set their hands this day of ? -- Pine Ridge Estates Apartments (dame of complex) Et'Y. Authorized Management Agent Tenant Co I"ehant 0A Lease 0`11008 VERIFICATION mane this Verification on behalf of tine Ridge I_LL 1. _- =.i-... Associates and certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of` 18 Pa. C.S. §4904, relating to unsw•om falsification to authorities. Date:. _ -- ?I . p , ,L 'Signature L.._.t _Jt 3 C t J/ ri le PINE RIDGE ASSOCIATES, Plaintiff V. SHANDI HARDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 12-2777 : LANDLORD TENANT : CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE r T,. - == TO THE PROTHONOTARY: N) f=- ti r P"• Please enter my appearance on behalf of the Defendant in the above matter. DATE: June 22, 2012 Amy aids, Esquire Alto y for Defendant Mi °enn Legal Services Supreme Ct. ID # 310094 401 E. Louther Street, Ste 103 Carlisle, PA 17013 (717)243-9400 PINE RIDGE ASSOCIATES, Plaintiff V. SHANDI HARDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 12-2777 LANDLORD TENANT CIVIL ACTION - LAW DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Shandi Harder, through her attorney Amy Hirakis, Esquire, of MidPenn Legal Services, and files the following Answer to Plaintiff's Complaint: 1. Admitted . i ";"d w r a + ?Ef = r1- 2. Admitted. 3 Admitted . . 4. Admitted. 5. Admitted. 6. Denied in part and admitted in part. Defendant admits that her boyfriend's children began residing in her apartment. However, Defendant denies that this was not reported to the owner, in violation of the lease. In way of further response, Defendant affirmatively alleges that she notified the Property Manager, Sunshine Luther, that the children would be living with Defendant on a temporary basis until their father had been released from prison. Ms. Luther indicated that this was permissible as long as it was only on a temporary basis. 7. Denied. In way of further response, Defendant affirmatively alleges that her boyfriend lived with his mother at Unit #305 of Pine Ridge Estates and at various other locations where he could find residence. 8. Admitted in part and denied in part. Defendant admits that she was asked by the Property Manager, Sunshine Luther, whether the boyfriend was living at Defendant's house. Defendant also admits that she denied that boyfriend lived at her house. Defendant denies that she falsely denied that there had been a change in the occupancy of her unit because Defendant's boyfriend did not live with her as explained in Paragraph 7 above and because the children only lived with her on a temporary basis that ended when boyfriend was released from prison. 9. Denied in part. Although Defendant is without sufficient knowledge or information sufficient to form a belief as to the truth of what Pine Ridge Estates has been able to confirm, Defendant denies that there are additional persons residing in the apartment in violation of the occupancy limits of the Lease Agreement. Furthermore, Defendant denies that her boyfriend has resided at the apartment. The remainder of Paragraph 9 is a conclusion of law not requiring a response from Defendant. 10. Admitted in part and denied in part. Defendant admits that she is required by the Lease Agreement to notify the Owner or its agent if there is a change in her income. Defendant further admits that she became employed and was earning income while living at Pine Ridge Estates. However, Defendant denies that she did not report this income to Pine Ridge Estates as required by the lease agreement. By way of further response, Defendant affirmatively alleges that she provided copies of her paystubs to the Property Manager, Sunshine Luther, sometime in December 2011. 11. Paragraph 11 of the complaint is not a factual allegation directed at the Defendant. Consequently, Defendant makes no answer to this Paragraph. 12. Paragraph 12 of the complaint is not a factual allegation directed at the Defendant. Consequently, Defendant makes no answer to this Paragraph. 13. So far as Paragraph 13 alleges that Defendant failed to report her income and any change in occupancy of her unit, the allegations contained in Paragraph 13 are denied. As to the remainder of Paragraph 13, it is a conclusion of law and, therefore, does not warrant a response from Defendant. 14. Admitted. WHEREFORE, Defendant prays that the Court dismiss Plaintiff's Complaint with prejudice. Respectfully Submitted, 6- /x /"'Z Date ERVICES skis, Esquire for Defendant Ct. ID No. 310094 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400, ext. 2513 VERIFICATION I, Shandi Harder, certify that the averments contained in the foregoing Answer are true and correct to the best of my personal knowledge, information, and belief, and that I understand that the statements therein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Signature 01? / I?L- Date PINE RIDGE ASSOCIATES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 12-2777 SHANDI HARDER, : LANDLORD TENANT Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Amy Hirakis, Esquire, of MidPenn Legal Services, attorney for the Defendant, Shandi Harder, hereby certify that I have served a copy of the Answer on the Plaintiff, through its attorney, on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Alan T. Silko, Esquire Center City Tower, Suite 1900 650 Smithfield Street Pittsburgh, PA 15222-3911 MidPenn Legal Services Date: -;a? - 1,2 Amy lp?hkis, Esquire Atto for. Defendant MidPenn Legal Services Supreme Ct. ID # 310094 401 E. Louther Street, Ste 103 Carlisle, PA 17013 (717)243-9400 (/r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PINE RIDGE ASSOCIATES, Plaintiff, V. SHANDI HARDER, Defendant. Civil Division. No. 12-2777 ORDER OF COURT AND NOW, this J?6&day of , 2012, in consideration of the foregoing petition, Q"ez'_ , Esquire, and dirt ?l • Esquire and Esquire, are appointed arbitrators in the above captioned action as prayed for BY THE COURT: Cl) C7 -? Z r -) C> C) c), Jl4 a nd t Ha,-der -71311) (L0468979_1 }