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HomeMy WebLinkAbout12-3390. f r4 y t.nl ?_ J I _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PINE RIDGE ASSOCIATES, Plaintiff, V. SHANDI HARDER, Defendant. 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: ----- ATTORNEYS FOR PLAINTIFF CIVIL DIVISION No. - 0 Avil lt°YM-r COMPLAINT Filed on Behalf of: Plaintiff Counsel of Record for this Party: Alan T. Silko, Esquire Pa. I.D. #46837 Robert C. Bechtell, Jr., Esquire Pa. I.D. #208014 I_,evicoff, 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 0 PD A77-I Colo 539 a 7sgs3 {104687781 i l 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 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: L Pine Ridge Associates (the "Owner") owns 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 9306 of Pine Ridge Estates. (10468856 1 , I 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 {L0469552.1 }2 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; {L04685521 13 See, Exhibit "A", pp. 8. 13. 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 4306 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 T. Silko, Esquire Pa. I.D. 446837 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 I L0468552.1 }4 Pine Ridge Estates ?? NIX- hk1 anagenrent 7 Piny Road iiW l 4415 Fifth N enu Nl't.' Jo[Iy Springs, PA 17065 1'ittsburoh. PA 1;21. -'654 l'hona _ 71 , {i 406; Phone: 412-647-7400 FIxa 717-486-406't I : 800-654-5984 1..s. t)t)-054-i 984 ' r RESIDENT SELECTION PLAN AND SCREENING CRITERIA FOR RL;RAI. I)H? tihC)P?T???ti"I` S15 RURAL HOUSING Rcv sic>r d<atc {1 rlt is}t.s Versions Obsolete ) tlw, Dacrn>7c111 IS PaaVided to each applicant at time ofapplication. Page I of '4 We cfo busine: ,, in Accordance with the Federal lair housing, LmN, We \8;111 not discriminate against any person because {:rfrace, color, religion, sex, handicap, familial status or national origin, (Tile Fait- Housing Amendment Ac:t of 1988), In compliance with Section 504 regulations, we do not discriminate on the basis of ha.ndicapped status in the admission or access to, or treatment, or employment in, out- federally assisted Pro-r<arns and activities. Management will consider requests frorn individuals with disabling conditions or mobility impairments for reasonable accommodations in policies, practices or facilities. Applications yvIll be accepted at the C"on-ununity Rental {:office during normal office lrotrrs unlc,ss another place of acceptance is designated. All persons will be provided an opportunity for submission of an application. AIV applications will be stamped with the date and time they are received, All applicants will be notified within 10 days of the receipt of their application, as to placement on the waiting list. If Occupancy tail! be within 90 clays, verification of all information will determine eligibility of the apPhcar€t, otherwise pre-dcterrnination will be conducted from the information on the application for placement on the waiting, list. At the tirne an applicant is contacted for an available unit, final deteranInatloll arf eliaibilily will be conducted ,:at that tami;. APill ic,ations N ill not be accepted if they are not Completed to the extent that allows pre--screening to deterttrine if thcN, meet the requirements ohhe pry},,ram under \vhich the property operates, 1=or the purpose .,)['application for housing, Applicant will be defined as: the Applicant. Co-Applicant anti <all :adult t<anily members. Applications 1611 not be accepted if: 1. The adjusted annual income does not nzce-t tile definition of very--kow, low, or moderate income as reeluired fcir the specific pro ject for applicant selection, tenant contribution and continued occupancy. The apphc:. r dens not mect the legal capacity to enter into a lease aar ement. The fEantilr ;.ize is not appropriate to the apartments in the corrimunity. 4. "l hc apphcJnt clues )lot meet the resident selection criteria. 5, ThC Aj1la1WMlt dOC not Meet the M611murta hilancial requirements needed to afford the cadre. Accepted applications will be placed on a Vwaitirtg list fur a unit size for which they qualify and have requested on ilae application. Once you are admitted to a particular size unit you will not be eligible for a transfer unless there: is a change in your family size or for medical reasons. Applicants will be placed on the -, aitine, list in carder of date and time of reccipt. Available tents will be offered to applicants in order ofapplication ?Uhicct to the: fallowing: (. C'urrc5t ir' 131 ace re id its tivho require :a unit transfer Nwill be processed according to the unit transfer polled . EXHIBIT A ?. Az plic.anU, ', On an tQUSted annual income in the very 10, inc Ott C bracket is Chet ramie, by limits tiitll>ltsllc°il by ht' R,, -al f)evelopme nt. 3. pphcams "oh an a gusted amuml iucorne in the to income bracket as determined by limits ,stabl she{I lrv ih., Rural CDevelopment. 41 pplt..ant:; w1`:Il an trjusted anw al Irla ome in the t-mcitorate tl"lCtlme bracket as del me'm'o', by l.inlItS cstabl;sl-Ietl by Rural IDe°relopment. Units )1'4?;'ic_liti <'I) cW ecluipTnternt or futures de:: igued for individuals "itli disabifi ie,s r,vill be offered u) :attlnlle;awn ?n the follo,,ving order: 1. l ho),c ivl" o . e ml the features of the unit and their adijustcd aT ravel income is 1A tlu n tl';e t'c y It.-)w ? ??u14e, bi?i, kC?l ?,I" th?it trcti. =.:St-k` tthc Cllr features of Me unq and OR mall ed annual 111(; nue is within thu lo% lncon)e bracket Ili Weir area, 3. I`hose that d not need the f?catures of the unit and their ac_Ijusted annual ineorn?-, Is v ithin fil s erg Iow- income. fi,ir their area, %PPI.ICATION PROCESSINC Alen is unit becomes avt;iiallle for the applOwu or Wen rrnanagernew has remol• to belwye i una will 7c corne at illct_tle in the near Kure. rr for"rI,`don proOded on the ipplicatron "411 be ve rrteil. "'l ith t"t:' d; tar Itncorne the f'ollowin will be used as a pu)cllnne when pre--detei"rrliunii'. and processing apl;licat ot;:s_ .gip; lie ant: srtt.tst show an ,1)lt TI:Ce ANNL'. L INt?;t:)''?Jlf equal to or in e, ss of 1£l` i> of the rnacyrntlnly rmi in order to financially clu,llt for residency. Ornnouints are pooed in the rental Men) In ;:tddition io incor ie tamd i size:. and expense veri iicatio n:t, background c.}ie cks N,611 be conducted or) rental, l edit, ctl; ? tm nR?;I"O !-Jsiory History Wl be sought on all adult members of the Wily for l period of up r't?phc.'Ini, ,, 1i r?' - ;id%iSeol if IL a final dcciSior; on e'.ligihlllt'' i:%3.I"1not be nIi?.e`e until eitications have been eornpieted. ,Apphearv> on A waW n g list are respen1sible for reporting a% ehange o address, phone number, h )u diold corrnposttron, or financial status to rn a n;gennent. Applicalnt should contact management once ea rl sip n)dnnlulls to reaffirm their interest in an apartment and update their cuirent information. This contact v, ,th 1Ii i lage lent r.. b o in person or in whting: ht}"wcNr, failure to reconfirm inwrest will anF1'genw it c?nl: c (,,very six 'ionths will nor result in the deletion of the application from the S aitiTrg list. It an iprvicant w ass be fir t unit off`erecl. bc:',,h will be removed from the waiting list. winless a hardship such ?!'; olc'elic'a; reasons, or rent ..k f:',C.iS n? .?t..)".'i, of :tflltt t if rT1i`tnllAy income exAts. Al! p l3Cams r?In1l}i" :el in-iav i_f?iMdv % dh ca I"il`;w apokat.dm. APPf,It_ AI'IONS WILL BE: REJECTED It ' N I OF T HIE F(WLO\N`IN(; ARE VERIFIED: CRIMINAL II.IfsD'(.DI{I* in =me interest ofthe: safet,: and welfare of all insidew management wAl earn hat a ,.runlal histc>y chew on aH adult rne.mWs iage l8 or older) ofthe applicant {;:rm ly'The: cost will he `'r } 4 00 per person per county All such persons w0l be required to sign approymatc consent t6m"x obt , ,, #iI ; irlfclrrrrrt ±)Tn. C ('.)inside: aiiorn shall be Nc n to the. facts c'-f each lpe?:rs,on's crimiml 11t,4 ii ,' ,+. ith fate fc.ilkr"vil .' gilitie] ines applied c,c nsiste;ntl}'. a. Crinnes Aga'nst Persons and/err P operty' t'nAckon of such a crania va irn the pan eight scary ? fll tierve as grounds for rejection, °-?,tcch errines shall include but not be limited-1 to: NSF dheck, ?bc plittin „ public itntoxic.ition, th illegal use or distribution of any controlled substance. me m c . 4 "my "'ve.3pon, prostitution, DI.J. burglary. consftracy, acth) ns tflt"S_lggh ..,kR D court or any i.,flaC!10", defined UUdCr the Mate and 1..,:ocal Po nal code as a n'i)SdeTnea'nor, or fclont ,. €s. Drug Related Criminal Activ-a v- C.;c iiviction fcnr the manufacture, sales, t.)r distribution, or dwxWo n "Ah tile' Intent tt:+ manuib ture, AL or dititribLtte%',-i controlled.,ubsti ncc within the past ci`allt 181 vt:<Irs will serve w, grounds J 'or rejection. Drug related criminal activity does NOT Include 1110 use 01' posse, ,ion of a controlled substance i f the applicant can demonstrate that he/she has an addiction to a controlled substance, has a record of such an impairment, or is regarded as ]laving, Audi art impairment AIN D has recovered frorn such addiction as evidenced by completion of all accredited rehabilitation p1700ratn.. has not used or possessed a controlled substance for a period oI at least one year, and does not currently use or possess a controlled substance. c. Illeu, [ Firearms: Conviction f or° the; possession of an unregistered firearm or possession of an Ille gal weapon within the }cast eight years will be considered -;rounds fior re'ection. d. Pattern of Criminal Behavior/ Gang Activity: if the criminal history reveals that the applicant has developed a pattern oferiminal behavior and/or has been involved in sang activity, and such behavior presents a real or potential threat to residents and/or property, this Hiformatioll nilay be used its grounds for refection. c. Traffic Violations: Any traffic violation that involves the use of any controlled substance. 1'. ,arrest: if an applicatit or tnerrrber of an aapplican fartaily has been arrested for a crime but has net y ,t teal tried.. the application will be sus aetlIed irr its current position can tlae waiting, list pcndm,? fl- outccatnc of the legal }:Proceedings. The application will be reconsidered, with the bov:: atli<ielines ap}died, after such legal proceedings have been concluded. CREDIT REVIEW C:lredit reports vvill be obtained for each adult Member (at!e IS or older) of ,he applicant family. The cost will be S.35.00 pct-person, S 10.00 per person, per additional county lived in within the last S years, Married couples -with similar rental information will be charged `Eb 60.00 for a joint credit report. (Prices do not include 6°?o sales tax charged.) Lack of credit history, :shall not be grounds for rejection, but a }poor credit piston may be. The following items shall be considered examples of unfavorable credit and will be taken as an indication of the applicant's inabiltt°, or unwillingr-ress to pay rent on time. and shall serve as the basis of rejection. ?. Ali% on,_- (single account) ohhgation that is 3 months or more delinquent. Any <,-olvl frrle rtnsettled. Aw olic suit not remedied or as stilt pending. ll cre.;it shc?v+-ra in the report i:>ucd by the credit bure<.u ?+iil -eflect oil both sPouscs tile Ihse ncc c?f die ntic anci!or legal ducurnentatticarl that clearly scpaar.atcs the parties' credit r spon: ibilities, In the case of unfavorable credit refircnces, the responsibility of management is limited to informing the a pplicaw thai the application has been rejected based on confidential information received from the credit burc<:au, If the lapplicant believes the crc,,iit report is in error, management is agrec<able to r appraising a credit rc,aorf tor+narded to mana;oem nt b,, the credit bureau on behalfol`the applicant, -which identifies corrections or additions made as a resuh f' action taken by the applicant directly with the credit bureau. The applicati art is., hovtiever, considered rejected witil such updated information is received, The position on the ?kattin,, list will be suspended pending receipt of corrected information: however. the suspension will be Iijo e r° for "I rrraximunl of :sixty davs. after which time the rejection will become final. VEIRIFIC.ATIONS OF PRIOR RENTAL HISTORY. Applicant will tic rejected if there is: a. 1ny om., histor-v indicating the ap ?licarat "skipped". h. Ally ono ev ictioll for cause, In cases of c v-iction for non-payrri;nt of rent, consideration 411all be -- Iver1 to, the financial ability of the resident to pay the required rent. C. ` liv t vt? late }xaymcrlts of rent during any six (b} month period. d. 'any r :rlta! histor- indicating that the applicant, family member or visitor vvaas destructive to tile aparlnwnt, or the surrounding area, of, was responsible fcrr disturbing the safely, cctarit}, or right to eac;E t1 , e',rtjov'tlacrlt of C)tlle°r residents. c, =lily' ar,authorized alteration to th - apartrnent that vvoul.d create an insurance risk or fire hazard. f, t.nsa nutry living clue to lack ol'housekceping. M. I'll fatndv' assistance or- resid-ncv in a subsidized housing trogram has been terrninatecl for li-mid. nonpayment of rent or fadurrc to ;:o-operate N ith the re-certification procedures, ADDITION, Al . PROVISIONS Apphcant< are roquired to corvplete an _-ipplrcation fora and ';;onsent to the release a3t il" flirt atron necessary to v,:I?ty all income, expenses, assets,. household characteristics and circusmstanceti that effect eligibility or the calculation of rent. This inform€ation, for all rnernbers of the applicant houscho. Id. will be independe dy ? rjfXed by managernent in, compliance V.VIth regulations contained in the. Rural ]?evelopttlent 1 t) ?O C:'. The applicant inust also agree to accept the Dental arnount established in accordance ??ith the 1-'urarl i).. ,e°lttpmcnt 19 0-C and the completion of the Tenant (ertificartion 1944-X Applications %tJl e rejected if rnaragernent determines Iftere is a substantial risk that the applicant, other Catnip mmcrarbers or visitors to the apartment will interfere with the health, safety, security, or right to quiet C:'njo)inent (if other residents. It a rent,a (r crcc tt hiswrz c:3mwt he obt;:rhad the appricar,i; will be asked to furnish at, least personal ftwintar ril , reputable references }horn the applicant has knom-n Ar a rninirnurn of one year. yp[Mants rnust cer.ity in vvriting as to wltMer- any larnil nacra ber dAdid not d4pose of any assets for 4s tl,aan t cr market! value during the t"?' o ycal s pre- i, the ettecti,,c date of their initi<d certification" pplrcants must Lertify that the, unit applae l for -add be the applicants sole residence and the applicara u Ll not i?1,dnt:i ini S 7e p crate subsidized rental apar"trnent in a different location, Applicant must l>rUi ie'te accurate and complete Social Security numbers for call hC'Usehold members age six or older-, or ew utc required certi-Ec..atiorr if numbms hmn not been alssignerd. Failure to do -,o will be grounds for den a of assistnc,?. lpplVatiais "ill be updated by mmnagenwnt as needed. %Jaragement will make 2 phone or trra it attempts to c orriaac't the applicant. `hen management will mail as written notice to file last known address of` the. <app wint notifying d rn t(? contact the rental office within 10 da, if <a response is not rL ,,,c d within 10 days Ow apoic'ation. will he removed from the waiting list. When a, .l t4,r",rrr,aaatic}rr has been made that an applicant does not s.atisf?, if, Resident Scloction Criteria, ley ,-ail he gni,°n pr7mpt, written, specific notice ofTe c:laeMnation. The applicant will b -lien i0 days arft::r the :ccip! to submit additional inft,)a-rrratiotr that nray be grounds for reconsideration. If it is dtAerntim,d thrt the ; lticani is eligible;. they shall be replaced to their original position can the Waiting last. Do ume nt c i-n rwArtj to the rejection of an applicant will be kept on file.. E o be cligible Air oc -p vy. the thirdly size must rowel the following, guidelines 4 Nr.ara,l,er eet 1.3+:`IwOrxas: 4:E Number o Wools: NA Anaurn: 1 1 ? 3 4 M aximurn: 2 w a ti 8 Exceptions to tl, ?,-aidclines contained 9) this (Resident Selection Plan and Screening Criteria may be made at the diseietion of the management company when it is dwennined than it is in the best interest of the applicant or rl,eproperty to do so. The person nzanawd belov has been designated to coordinate ccnnpljance with the; Icon discrirrrir non re jr:riremeras aNnaained in the Department of Htxrs,ingT and Urban De-'e:lopincia's r, gul.ations irtaplcrricirting `section 504 t24 CCFR Part 8 dated June 2, 1988), Ur-rie 13rrr,go Voice Phone. 41 647- 7400 NDCi; Management TT: 800-654 ?984 +415 Fifth Averuc l':tQ urgh. PA 152 13 PINE RIDGE ESTATES ,4DDENI UNI TO LEASE Fhe L:NNI_)l_ ORD, PINE RIDCrE ASSOCIATES, and the I ENANT, Shandi Harder, having entered into a le"ise for the premises located at :Apartment 306 at 7 Ping. Road Mt. IIolliv Springs. PA. 17065, do agree that this addenduara is rra.acie part of the original lease agreement. The resident upon signing; this rlddenclaarn.. agrees that the tcrnn of the. lease shall be on as Month to month basis. hn the event that Tennant desires to terminate the 1 -case. he/she shall lender to the Landlord written notice: at least T11IR'i Y (30) DAYS prior to the date: Tenant intends to vacate the premises. If tenant Kills to tender the required TI IIRTY (; 30) DAY written notice. he/she shall be liable fear- tlae 111onth rental paarncnt or the THIRTY O() IAA period oftirne logether with any other dataaages as provided in the lea ,e as rrcenrcrat, at the case of`anv conflict between these acid tither provisions of the lease., these provisions shall prevail, a, Mac= total rtYnt shall be $ 520.00 Per lr-011111. b, Of the total rent. S 520.00 shall be pavaable by or at the direction of the Rural I lousing Service (1t61-1redy I <trmcrs home Administration), >i4 housing assistance pwonents on behalfof the I errant: and $ 4.00 i4i al be pa.ay,lble by the Tenant, Tenant wili received the surer of $ 30.00 t9w a utility reimbaarseanr :nt. I hcse accounts shall be subject to change by reason of changes in the l ctnant', f` nily income. fan-Illy composition or extent ol-exceptional medical or other unusual expenses, In.acc:ordance. with the Rl;C0 established schedules and criteria, or by reason of adjustment by RI IS ofan applicable lilca?--<ancc ftrr tildes and esker- Services. Any such change. shall he effective as cnftlrc elate stated in a r'tf,trf,c:iatsc)n to the Tenant. c. Ien u;t is subject to be recertified at least once a year, and the necessary c hand cs ira the rental wnoaant it rni will be incorporated into the I tease A2NCITrerrt. t.l. I he l c:ssor shall taot (liscrimInated a gainst the Tenaart in the provision of serti ices or in any other rttatinc_.r, on thc: Sorounds of race. color, rt ll-ion, sex, h andicall, f araailial status, or national orlc-,in. e. Ali other covenants and conditions of the Lease shall remain in effect, and no covenant or c:ondition o th-, Lease ;hall be deemol dvaivccl by any action or lion-action in the past. A "c0t? 's(il'I I% )k tAk''vs_!; C()- FE, NANT 1M, TE 12Y ®r LEASE AGREEMENT he TE ANT This Lease Agreement is written ad e c us exclusive po ses ©nnofta specific dwe lingsunitiagnd the to of common quiet, peaceful enjoyment, use of facilities in return for payment of rent and reasonable protection of the property. 1. IDENTIFICATION OF PREMISES: This Lease Agreement is for the living unit identified as: Unit Number- 306 Complex Name Pine Ridge Estates Complex Address. M7 Pine Road t' Holly Springs, PA 17065 2. PARTIES TO LEASE AGREEMENT: The parties to this Agreement are identified as Owner Pine Ridge Associates ManagementlOwner's Agent: NDC Real Estate Management Inc. Tenant Shandi Harder Co-Tenant: NIA Others; who will reside in the unit SEX AGE RELATIONSHIP ------- NAME _ ?--Son Andrew Harder D hter F Ama'rie Kunkle_?A_ 1 te s ions s a l cover I. PERIOD COVERED: ,___ ebrua 201p (starti (starting )e Subsequent leases or lease exl ?` day of Fe ry a twelve (12) rnonth period as long as tenant remains eligible for continued occupancy Tenant shall be entitled to possession of the unit on the Starting Crate 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 posse canerowner's agent, t that time, either thshall e tenant or the ow erlowner following s month. shard ha e, thession ight cannot be delivered by to end this Lease. 4 QISCRiMINAADON: This apartment complex has been financed by USDA Rural Development Act and of subject to the scrimi Section 504 of the Rehabilitation oAct o 1i973itthe Americans wit itle Vli1 of the Fair Housing Ac Disability Act, and the Age Discrimination Act of 1975. All discrimination complaints are to be directed to USDA Director, Office of Civil Rights, 1400 Independence Ave, S.W , Washington, DG 20250. Complaints of Fair Housing violations may be sent directly to the Secretary of i+--)using and Urban Development, Washington, DC 20410. PA i.rasc 02/2008 The owner/owner s 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) is/are assuming the risk and responsibility of living within and upon the complex premises. 5. ELItaIBILIT( 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 twelve months. 6. ILLEGAL 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, whOe the victim and other household occipants 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/owner's agent, and not thereafter enter upon the ownerlowner'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 owner/owner'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, tl-e 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 the tenants, the person shall 'ce 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 law. 7. TENANT'S ACKNOWLEDGEMENT OF COMPLIANCE WITH RURAL DEVELOPMENT REQUIREMENTS: A 1-enant(s) understand(s) that he/she/they will no longer be eligible for occupancy in this ;'A 1 case. 02'2008 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 ownerlowner's agent taking corrective actions if benefits were mistakenly received. Tenant(s) understand(s) that corrective actions the owner/owner's agent may take include the initiation of a demand for repayment of any benefits or rental subsidies improperly received, initiation of a notice to increase his/her/their monthly rent to $__Z$8.00 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 ownerlowner'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 islare no longer eligible for occupancy under the housing project's occupancy rules or Rural Housing Service regulations, he/she/they must vacate the property within 30 days of being notified by owner/owners agent that he/she/they is/ are no 'onger 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, and that no separate subsidized rental unit will be maintained in a different location. Tenant(s) understand(s) that he/shelthey must promptly notify the owner/owner's agent of any extended absences. Additionally, if tenant(s) dodoes 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`herItheir 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. E. Tenant(s) understand(s) that should he/she/they receive occupancy benefits to which he/she/they islare 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/shelthey 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 he/she/they agree(s) to promptly provide any certifications and income verifications required by the owner/owners 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 nct 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. PA Lease 02/ 008 I If this unit becomes overcrowded/ underutilized 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 CREDIT OR RENTAL ASSISTANCE: The applicable clause below is to be completed 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 Form 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 hisrher/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 helshe/they agree(s) to pay any amount of benefit to which he/shelthey 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 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 $ (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 B. For use with Plan II Interest Cred t only- Tenant(s) understand(s) and agree(s) that his/herltheir gross monthly contribution as determined on the latest Form RD 3560-8, which must be attached to this lease agreement, for occupancy charge and utilities will be $ 141: 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 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/she/they may be required to make restitution and he/she/they agree(s) to pay any amount of benefit to which helshe/they was/were not entitled. Tenant(s) also understand(s) and agree(s) that his/her/their monthly rent under .his 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 I_'Case 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. E] 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, his/her/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 $ (107.001 . If helshe/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 housenold and on the escalation clause in this 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 $ 788.00 (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 first day of each month, beginning on the Starting Date. 0. PREPAYMENT NOTICE: The federal loan on this complex (was) (will be) (may be) prepaid on N/A. As a condition of the Government's approvai 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 Lease 02/2008 Price index or 10 percent per year. 10 WAIVER FOR INELIGIBLE TENANT: (tenant(s) will initial as appropriate) E] 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/she/they 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. Occupancy of handicapper? Unit by Person(s) Not Handicapped/Disabled. Tenant(s) acknowledge(s) that helshe/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 his/her/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) gray 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 following the gate c-n 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 paytrnent due. 12 GBLIGATIONS OF TENANT S;: The tenant(s) agree(s): A. To pay the tenant contribution in the manner directed by the owner/owner's agent 01; 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/owrier'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 tenant(s) 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 owner/owner'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 OWNERfOWNER'S AGENT. PA (..ease 02/2008 6 D. To quit and surrender the premises at the termination of this lease in good order and repair, reasonable wear and tear excepted and to pay for any property damage. 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 terant(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 n any part of the premises except in a manner prescribed by the owner/owner's agent, not to place any decals on walls, cabinets, ranges, p1t,mbing 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 owner/owner's agent. N. 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 writ. 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 ownericwner'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 prerises, 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 OF MANAGEMENT: The management, as the owner/owner's agent, agrees: A `o maintain the buildings and any unassigned community areas in a decent, safe and sanitary condition in accordance with 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"2009 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 ownerlowner'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 agen- 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. NOTIFICATI(2N: 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 ownerlowner's agent must be in writing and delivered to the owner/owner's agent office. 15 TERMINATION BY TENANT_S): The tenant(s) may terminate this lease at the end of any 12-mo4h period, for good cause as defined below, by giving owner? owner's agent at least 30 days prior notice in writing, in accordance with ownerlowner'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 OWNEWOWNER'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 that 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 clue 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 -c-awe 021/2008 (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 (e) 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. (41) 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 owner/owner'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 for 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 similar 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 QISCLAIMER: 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 tenant'(s) visitors or guests. Any party to this lease retains full right to any other means of redress available to him/her 18. S?FCURITY 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 sure of $ 455.00 with interest, if required by law, will be refunded to the tenant(s) upon surrender of his/her/their dwelling and a satisfactory final inspection provided he/sheithey has/have paid all amounts due to the owner/owner's agent including charges for property damage. If any sums are charged against ,he security deposit, the owner/owner's agent will provide the tenant(s) with an itemized accounting of those charges within the time period required by law. 19. CHANGES IN RENTAL RATES: if the change in tenant contribution 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 PA Lease 02/2008 9 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 grievances or appre< i from owner/owner's agent decision shall be resolved in accordance with procedures consistent with Rural Development regulations covering such procedures, a copy of which is attached to this lease. 21. LEGAL COSTSfATTORNEY 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 owner/owner'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 ownerlowner'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. SMOKE 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 ownerlowner'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 DISASTER: If the premises are partially damaged by fire or other casualty, but can be restored to livable conditions ownerlowner'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 prernises 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 rr1',t o terminate this lease by written notice to the other party. 25 1,34RIEVANCE AND APPEAL: Tenant(s) may request a hearing from owner for a grievance concc ruing an action (or failure to act) by owner/owner's agent or for an of a proposed adverse actior by owner/owner's agent. The grievance and appeal procedure shall be consistent with RD's regulations 7 CFR 3560,160 and shall be posted in the rental office. Notice of eviction and evictions are not subject to this paragraph. 26 _ ASSIGNMENT OF I-EASE: In the event of a change in ownership of this property, this lease may lie assigned to the new ownership. 27 MODIFICATIONS AND ADJUSTMENTS TO LEASE: Owner/owner'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 Lavv: Changes required by federal, state or municipal law, regulation, or ordinance. B3 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, r.'. Rent Aditistments: Granges in the amount of rent provided that they have been -nade in accordance with Paragraph 19 of this lease. D. Changes to Be In Wr!!ing: No modifjcations of this lease snail be binding unless in writing signed by the tenant(s) and by owner/owner's agent. PA i_,ease 02/2008 10 28 LANF?LORD IDENTITY: The Owner of record of this apartment corn plex is: ine R!499 Assaciate$ 4415 Fifth Avenue Pittsbur h PA 13213 Pine"' The person who is authorized to accept service of process in a court action and who serves as the Managing Agent, maintenance and emergency contact person is-P?ne Rid e__._g Estates Managing Agent: Sunshine Luther for: T 0--- P^Mrl ttsnl - Mt. Noll S rin s PA 17065 (Supply the name, address and telephone number of owner's management agent) s ,}NC)WLEDGMENT tF RECEI>'l _ I ACKNOWLEDGE. receipt of and, where applicable, 24C execution of the following lease attachments (Check as appropriately Farm 3560-8, Tenant Certification or HUD Form 50059 (required) _ 7 CFR 3560.160, Tenant Grievance and Appeals Procedure (required) L Lead Warning Statement and pamphlet (required on pre-78 family complexes) Rules and Regulations Tenant's Permission to Ghtain Utility Use Records Move In/Move Cut Inspection Checklist C? THIS IS A BINDING LEGAL DOCUMENT. READ CAREFULLY BEFORE SIGNING. Tnr- parties hereto stave set their hands this day of r_ Pine Ridge Estates Apartments (Name of complex) BY :authorized Manacgement Agent Tenant ?? Go-Tenant i Lease 0", ?M08 VERIFICATION . u-t , make this Verification on behalf of fine Ridge Associates and certify that the facts set forth in the foregoing Complaint are true and correct to the best of mu knowledge, inforrrnation and belief. I understand that false statements herein are made subject to the penalties of' 18 Pa. G.S. §4904, relating to unsworn falsification to authorities. Date: r Signature 1 . ?14i:..8,92 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PINE RIDGE ASSOCIATES, Plaintiff, V. SHANDI HARDER, Defendant. Civil Division. No. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Complaint was sent to the following on May 24, 2012: Shandi Harder - Unit 4306 Pine Ridge Estates 7 Pine Road Mount Holly Springs, PA 17065 BY: Alan T. 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 r ?# t9 IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PINE RIDGE ASSOCIATES, Plaintiff. v. SHANDI HARDER Defendant. CIVIL DIVISION No. 12-3390 PRAECIPE TO WITHDRAW COMPLAINT Filed on Behalf of. Plaintiff Counsel of Record for this Party: 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 ;I,04bS-7S.1 y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PINE RIDGE ASSOCIATES, Plaintiff. V. SHANDI HARDER, Defendant. Civil Division. No. 12-3390 PRAECIPE TO WITHDRAW COMPLAINT To: Prothonotary Kindly withdraw plaintiffs Complaint which was filed in the above-captioned case. The Complaint is propcrly docketed at 12-2777. c BY: Alan T. Silko, Esquire Pa. I.D. #46837 Robert C. Bechtell, Jr., Esquire Pa. I.D. 4208014 L.evicoff, 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 I LOdh9-R ; I ,