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Home My WebLink About02-0752GOMMONWEALTH OF PENNSYLVANIA COURT Of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JUDICIAL DISTRICT NOTICE OF APPEAL FROM 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 mentioned below. ADDRESS OF APPELLANT 2204 Cedar Run Drive, Camp Hill, PA 17011 MAG. DIST. NO. OR NAME OF D.J. ~8~_r~es1A. Clement, Jr., D.J. CiTY STATE ZIP CODE DATE OF JUDGMENT I IN THE CASE OF (PLAINTIFF) (DEFENDANT) 2/6/02 J ORCHARDS APARTMENTS DENESHYA POO]~E · W .... CLAIM NO. I SIGNATURE OF APP. L~,,e~EY OR AGENT CV YEAR " LC~'I~NI~~COFF' P.C. LT YEAR , -0000059-02 P~ D.c'C[~insham~ Esquire This block will be signed ONLY when this notation is required under PA. If ~llant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action before district Justice, he A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. S~nature of Proth~ota~ ~ ~puty PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellani was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No. Name of appellee(s) , appellee(s), to file a complaint in this appeal J within twenty (20) days after service of rule or suffer entry of judgment of non pros. S~ ignature of appellant or his attorney or agent RULE: To Name of appellee(s) , appellee(s) (1) (2) (3) 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. If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAEClPE. The date of service of this rule if service was by mail is the date of the mailing. Date: White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink Appellee Copy Gold D.J. Copy , Year Signature of Prothonotary or Deputy Proth. - 76 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT U'his proof of se~ice MUST BE FII2ED ..... W. ITHIN TE~:, [10) DAYS ........... AFTER filing the notice-of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVA:NYA'~ AFFIDA~/IT: I hereby swear or affirm that I served ; SS a copy of the Notice of Appeal Common,. Pleas ~1o;...~' ..... "~: :- .....~_,~ ,.~, .:~ 7., .~-. '; ,---,.7 ' , ~Jpon the District Justice designa{ed thereto on ~ '.- '¥ ~ "U;~ ' ~,;':'-? :, r ll~'.e~SOh~'erv~:l~lby (certified)(registered)mail, sender's (date qf service)'_ ' , ,-. -, , on receipt attached hereto, and upon the appellee, (name , year., [] by personal service [] by (certified) (registeredl mail, sender's receipt.; ..att~q. hed. .~ hereto. -:r'-~ and further'that I, served the~ Rule to Ei e_a Complaint accompanying '(he above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , year "~ ~ ~'~_,'~ [] by personal service [] by (certified) (registered) : mail, sended, s recei~ attached hereto. ~ · ' SWORN ~(AEFIRMED).AND SUBSCRIBED BEFORE ME THIS DAY OF _ , YEAR Signature of Affiant Signature of official before whom affldavi~ was made ; ' ~ r, ~ ' Title of offiwal My commission expires on , year IRM AT ORCHARD APTS FAX NO. : 7177~0~ Feb. 08 2802 02:12PM P2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CO'J~B~ 09-1-01 CHARLES A. CL~ENT, JR. 400 B~IDGE STREET O[4)E TOWNE ~ONS -SUITK ~ ~~, PA T,.~: (717) 774-5989 17070 ORCHARD APARTMENTS 2204 CEDAR RUN DRIVE C&~P HILT., PA 17011 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE N^ME sn~ ORCHAaD APARTMENTS 2204 ~D~ R~ DRI~ ~P HILL, PA 17011 L DEFENDANT: N~ME a~ 2203 CEDAR RUN DRIVE APT.# CAMP HILL, PA 17011 L Docket No.: LT- 0000059 - 02 Date Filed: 1/23/02 THIS IS.TO NOTIFY ~U THAT: Ju~lgment: ~'~ ~ Judgment was entered for: (Name) POOLE, DENESHYA Landlord/Tenant action-in the amount of $ . O0 on ~. The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ . O0 ..J H .3 in a (Date of Judgment) °00. Total Amoun! Established by DJ ^~ess-Security Deposit Ap~)l~d =$ Adjudicated Amo.us~3 Rent in Arrears . = _Physical Damages Leasehold Property I . uu -- $ .0 0 $ 0 0 .00 -$' -- . uamages/Unjust Detention $ . o0 -- $ _ oD = $ . on FI Attachment Prohibited/ Victim of Abuse (Act 5, 1996) FI This case dismissed without prejudice. --]Possession granted. Less Amt Due Defendant from Cross Complaint Interest (if provided by lease) UT Judgment Amount Judgment Costs Attorney Fees Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total - $ .on $ .nn $ .on $. .on $ .00 $ $ $ Possession granted if money judgment i,' not sat~sneo Dy nme ot evlcaon. Possession not granted. F-~ Defendants are jointly and severally liable. ..~.-_~ Le~%is,~a~ed for . days or ~ ~eneral/y ~tay~-~L FI Objection to Levy has been filed and hearing will be held: ITime: IN AN ACT]ON INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR PO ESSl N WITHIN TEN DAY~ AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAB, 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 OATE THE APPEAL IS RLED. IF A PARTY WISHES TO APPEAL ONLY 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 Pl,EA~ CIVIl. DIVISION. THE PARTY FILING AN APPEAL MI~T I~ICLUi~E A C~PY GI~TI-~ NO'I'~QI~,~MENT/'I'RANSCRIPT FORM WITH THE NOTICE OF APPEAL. . FEB 8 - 200 a,e (4}. , District Justi Il certlly that mis is a true and correct copy ot the record of the proceei~in~s containing tl~e judgment, ceI Date , District Justi~d ~,,y,..c.,,o~.,mission expires first Monday of January, 2 0 00. SEAL FEB-88-2~2 15:38 ?1'?'7389323 94Z P. 02 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLA NT (This proof of service MUST BE FILED ,WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEAltH OF PENNSYLVANIA COUNTY O~ ~ ~ _; ss AFFIDAVIT: I hereby swear or affirm that I served ~ copy of the No ,c fA peaI, Common Pfeas No ~)~"' 7~'~C,~ ~' / [~ ' ~-9~ A~O~ · __ __ -- ~ ,upon the District Justice designated therein on (date of service)-/~(.,,~-~d-c~.. ~, year ~_, r-]by personal.,.~ervice ~ (certified)(reeJeetcrcd~,~nail, sender's receipt a~ached hereto, arid upon the appellee, (name ~/'3 ,J ~ ~'/0 4,~ IR ~-~;3 r L,,...,~.~ / ~,ear _~'L_~ _0 ;~.~,. r~ by personal service ~ified) (re~eterEff~m ail, sender,s receipt attached her~t~n [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on year .... [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME DAy OF _. Signature of Affiant T~tte of official My commission expires on l", year N~ ~ I r Postage rtl Certified Fee Return Rsceipt Fee {Endorsement Require~ r--i Restarted De ve~' Fee r"l (Endorsement Required I'rl Postage p- ORCHARD APARTMENT ASSOCIATES, t/d/b/a ORCHARD APARTMENTS, Plaintiff Vo DENESHYA POOLE, Defendant TO DEFENDANT NAMED HEREIN: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-752 CIVIL CIVIL ACTION - LAW NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, O0 TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archlvar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin prevlo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO OSI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA OLLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRAESCRITAABAJOPARAAVERIGUARDONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Date: Respectfull~ s~, 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORCHARD APARTMENT ASSOCIATES, t/d/b/a ORCHARD APARTMENTS, Plaintiff DENESHYA POOLE, Defendant : NO. 02-752 CIVIL : CIVIL ACTION - LAW COMPLAINT AND NOW comes the Plaintiff, ORCHARD APARTMENT ASSOCIATES, t/d/b/a ORCHARD APARTMENTS, by and through its attorneys, Cunningham & Chernicoff, P.C. and files this Complaint in ejectment and in assumpsit and in support thereof avers the following: 1. Plaintiff, ORCHARD APARTMENT ASSOCIATES, t/d/b/a ORCHARD APARTMENTS, is a limited partnership which is registered with the Pennsylvania Department of State having a registered address of 2204 Cedar Run Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant, DENESHYA POOLE, is an adult individual who resides at 2203 Cedar Run Drive, Apartment Camp Hill, Cumberland County, Pennsylvania. action, Plaintiff, ORCHARD APARTMENTS, At all times material to Plaintiff's cause of ORCHARD APARTMENT ASSOCIATES, t/d/b/a has been the legal owner of the tract of land on which the building in which the Defendant resides is sited. 4. On or about November 1, 1999, Defendant executed a Lease Agreement by the terms of which the Defendant leased from the Plaintiff an apartment located at 2203 Cedar Run Drive, Apartment Pennsylvania for an and ending October #H, Camp Hill, Cumberland County, initial term beginning November 1, 1999 31, 2000, after which initial term, the Lease continued on successive terms for one (1) month each. A true and correct copy of the original Lease Agreement, together with the Rider, for 2203 Cedar Run Drive, Apartment #H, Camp Hill, Cumberland County, Pennsylvania are attached 2 hereto, made part hereof and are marked Plaintiff's Exhibit · P- 1" . 5. The Defendant agreed to abide by the terms set forth in the Lease Agreement which specifically states in Paragraphs 3 and 5 of the Lease that rent is due and owing on the first (lst) day of each month and if rent is not paid by the fifth (5th) day of each month, a late fee of Twenty and 00/100 Dollars ($20.00) is due on the sixth (6~h) day of the month, and thereafter a charge of One and 00/100 Dollar ($1.00) per day after the twentieth (20~h) day of the month is charged. 6. The Defendant agreed to abide by the terms set forth in the Lease Agreement which specifically states in Paragraph ll of the Lease that whenever damage is caused by the carelessness, misuse or neglect of the tenant, the tenant agrees to reimburse landlord within thirty (30) days of the date of the invoice. 7. The Plaintiff was required to make the following repairs to the Defendant's apartment unit for damage above and beyond normal wear and tear: a. On April 13, 2000, Plaintiff was requested to make a duplicate mailbox key for the Defendant in the amount of Five and 00/100 Dollars ($5.00); b. On July 20, 2000, Plaintiff repaired a closet door in the master bedroom in the Defendant's apartment in the amount of Two and 00/100 Dollars ($2.00); c. On July 28, 2000, Plaintiff was requested to make a duplicate key to the Defendant's apartment in the amount of Five and 00/100 Dollars ($5.00); d. On October 26, 2000, Plaintiff repaired the tub and the floor in a bedroom in the Defendant's apartment in the amount of Twenty One and 00/100 Dollars ($21.00); e. On October 31, 2000, Plaintiff cleaned the hallway in the Defendant's apartment in the amount of Thirty Five and 00/100 Dollars ($35.00); f. On February 26, 2001, Plaintiff repaired holes in the walls of a bedroom in the Defendant's apartment in the amount of Twenty and 00/100 Dollars ($20.00); g. On February 27, 2001, Plaintiff cleaned the hallway in the Defendant's apartment in the amount of Thirty Five and 00/100 Dollars ($35.00); h. On April 7, 2001, Plaintiff repaired a clogged toilet in the Defendant's apartment unit in the amount of Twenty Five and 00/100 Dollars ($25.00); I. On May 15, 2001, Plaintiff repaired a toilet in the Defendant's apartment unit in the amount of One Hundred Eighty Six and 00/100 Dollars ($186.00); j. On June 19, 2001, Plaintiff door in the Defendant's apartment in the 00/100 Dollars ($10.00); repaired a screen amount of Ten and k. On June 29, 2001, Plaintiff repaired a broken patio glass in the Defendant's apartment in the amount of Two Hundred Fifteen and 00/100 Dollars ($215.00); 1. On July 24, 2001, Plaintiff replaced a screen in the master bedroom and repaired a kitchen window in the Defendant's apartment in the amount of Fifteen and 00/100 Dollars ($15.00); m. On September 2, 2001, Plaintiff was required to unlock the door to the Defendant's apartment for the police in the amount of Twenty Eight and 00/100 Dollars ($28.00); n. On September 4, 2001, Plaintiff repaired a patio screen which was off the hinge in the Defendant's apartment in the amount of Ten and 00/100 Dollars ($10.00); 6 O. On September 26, 2001, Plaintiff was requested to make a duplicate mail key for the Defendant in the amount of Five and 00/100 Dollars ($5.00); and p. On February 20, 2002, Plaintiff was required to let UGI personnel in the Defendant's apartment in the amount of Thirty and 00/100 Dollars ($30.00); The damages referred to above were reflected in work orders, which were forwarded to the Defendant. Each of the invoices for the repairs were not made within thirty (30) days of the date of being invoiced to the Defendant. True and correct copies of the maintenance work orders are attached hereto, made part hereof, are incorporated herein by reference and are marked Exhibit ~P-2" 8. Plaintiff incorporates Paragraphs I through 7 of the Complaint as if more fully set forth herein. 7 9. The Plaintiff's agent, Keith W. Tyson, after a review of the Defendant's history, reached a decision to terminate the Defendant's Lease Agreement and/or not renew the Defendant's Lease Agreement as a result of the Defendant's failure to pay for the damages caused to the apartment unit, within thirty (30) days of being billed, which in the opinion of the Plaintiff, represented a substantial violation of Paragraph ll of the Lease Agreement, the Rules and Regulations of the apartment complex, and HUD Regulations set forth in Section 4-18 of the HUD Technical Handbook, Transmittal 4350.3, all of which constitutes a material non-compliance with the terms of the Lease Agreement as that term is defined under Paragraph 23 of the Lease Agreement and the applicable HUD Regulations. 10. The Plaintiff has not defaulted in its responsibility to provide a habitable premises to the Defendant and is of the opinion and therefore avers that the premises being occupied by the Defendant are in such a state as not to violate the applied warranty of habitability owed by the Defendant to the Plaintiff. 8 ll. On November 14, 2001, the Defendant was properly served by the Plaintiff, at the Defendant's residence, with a Proposed Notice to Quit. The Proposed Notice to Quit was served in accordance with HUD Rules and Regulations and the Pennsylvania Landlord/Tenant Act. A true and correct copy of the Proposed Notice to Quit is attached hereto, made part hereof and is incorporated herein by reference as Plaintiff's Exhibit "P-3" 12. On November 27, 2001, the Defendant was properly served by the Plaintiff, at the Defendant's residence, with a Final Notice to Quit. The Final Notice to Quit was served in accordance with HUDRules and Regulations and the Pennsylvania Landlord/Tenant Act. A true and correct copy of the Final Notice to Quit is attached hereto, made part hereof and is incorporated herein by reference as Plaintiff's Exhibit "P-4". 13. The Defendant, Plaintiff, has refused Apartment #H, Camp Hill, although requested to do so by the to surrender 2203 Cedar Run Drive, Cumberland County, Pennsylvania, to 9 the Plaintiff and continues to remain in possession of the apartment. 14. The Defendant's failure to pay for damages within thirty (30) days of being invoiced for the same, represents good cause to seek the forfeiture and termination of the Lease Agreement. WHEREFORE, Plaintiff demands entry of judgment against the Defendant, DENESHYA POOLE, and in favor of the Plaintiff on the issue of material non-compliance with the terms of the Lease Agreement, Rules and Regulations of the apartment complex, Pennsylvania Landlord/Tenant Act and HUD Regulations; and Plaintiff further demands it be granted possession of 2203 Cedar Run Drive, Apartment #H, Camp Hill, Cumberland County, Pennsylvania, together with costs and interest. COUNT II - IN ASSUMPSIT 15. Plaintiff incorporates by reference Paragraphs 1 through 14 of the Complaint as if more fully set forth herein. 10 16. The Defendant's rent is subsidized by the federal government under a program commonly known as the Section 8 program and Defendant is a negative renter, however, if during the pendency of this litigation, Defendant obtains employment then, in that event, Defendant's rent may be increased. 17. During the pendency of this litigation, further damages may be incurred in the apartment, which damages will be above beyond normal wear and tear. W~EREFORE, Plaintiff demands entry of judgment in favor of the Plaintiff and against the Defendant, DENESHYA POOLE, in an amount equal to any further rent and/or late fees that may be incurred and unpaid from the date of this Complaint to the conclusion of this litigation, and the cost of any repairs that may be incurred from the date of this Complaint to the 11 conclusion of this litigation, together with costs and interest. Date: Respectfully submitted, cum,~ ~ ~, CH~.~'~cor'¢, ~. c. I .D./~23144 232~ North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff bl \docs\complain\ore-pool 12 the beet o~ ~enal~e~ of 18 Pa, C.S.A. ~490%, relatin~ to E X H I B I T ~P-1~ CHARD APARTMENTS ,~r ...................... I~ESIDENTIAL LEASE AGREEMEN I' 1. PARTIES AND DWELLING UNIT: The parties to this Agreement are [~ ~ cJ'll~'~L ~!- ~ i~ '/"/31~,~) ~ ' , referred to as the La~ldlo,d, and ~j'j~ ~kO_ ~ h V'~_ P~lO IL~ , referred to as the Tenant. The La~c~lo~ ~ease~ ]~o the Terla~t .nil number 4~ 0 .~ t~ The initial rm qf is ~reement sh~l begin on ~V~ /, ~ s~ end on terms 3. T~:~:~gr.stopay, .~.~ ~,the.rUalm~t~e~i~on J' J~)~ .AflerthaLTenaflt~sto~ate~o, 4. CHANGER IN ~E ~NANTS SNARE OF THE RENT: 5, CHARGE8 FOR LATE PAYME~ AND RE~RNED CHECKS: 6. CONDfflON OF DWELLING UNIT: 7. CHARGES FOR UTILmE~ AND SE~ICES: (1) Put "X" by any Utility X X 8. SECURITY DEPOSITS: The Tenant has deposited $ (2) Put "X" by any Utility Included In Tenant ~ (3) charges for late paymem ol cent'o,,d returned checks, as described in paragraph 5; ano, (4) charges for unreturned keys, as described i~ paragraph 9, Every year ,round the ~1 ~TI~ dayof /IL~t~.4 ~/.~ tbe Landlord will rs~uest the Tenant to report the income and composition of Ihe Tenant's hou~-~old and to supply any ot h~er Inf~rmation required by HUD for the purpbses of determining the Tenant's rent rent. (Revised 3/22/89.) paragraph (c) below. re*occupar~-,y, 22. CHANGE IN RENTAL AGREEMENT: The Landlord may, with the prior approval of HUD, change the terms and condfiions of this Agreement. Any changes will become effective oaiy at the end of the initial term or a successive term. The Landlord must nof fi~ the Tenant of any change and must offer the Tenant a new Agreement or an amendment to the existing Agreement. The Tenant must receive the notice at least sixty (60) days before the proposed effective date of the change. The Tenant may accept the changed terms and condhions by signing the new Agreement or the amendment to the existing Agreement and returning it to the Landlord. The Tenant may reject the changed terms and coedifions by giving the Landlond written notice that he/she intends to terminate the tenancy, The Tenant must give such notice at feast thirty (30) days before the proposed change will go into effect. If the Tenant does not accept the amended Agreement, the Landlord may require the Tenant to move from the project, as provided in paragraph 23. 23. TERMINATION OF TENANCY: a. To tdrminate thai Agreement, the Tenant must give the Landlord thirty (30) beys wr fifen notice before moving from the unit. If the Tenant does not give the tull 30-doy notice, the Tenant shal~ be ~iaple for rent up the end of the thirty (30) days for which notice was required or to the date the unit is re-rented, whichever date comes first. b. Any termination of this Agreement by the Landlord must be carried out in accordance with HUD ragaiatfons, state and local law, and the terms of tais Agreement. The Landlord may terminate this Agreement only for: the Tenant's materiat noncompliance with the terms of this Agreement; the Tenant's material failure to carry eel obligations under any State Landlord and Tenant Act; o~ criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other t~nants or any drug-relalnd crimi- nal activity on or near such premises, engaged in by a tenant, any member of the Tenant's household, er any guest or other person under 28. SIGNATURES: TENANT By: LAN ORD---ORCHARD APA ENTS By: Date Sign~ Date Signed Dale Signed 5/82 4/98 II~NEWAL TO RESIDENTIAL LE~SE AGREEMI;~N'[' TIIIS RENEWAL TO TIlE Residential Lease Agreement (Lease) is made NOW TIIEREFORE, IN CONSIDERATION of the Landlord entering into the Residential Lease Agreement with Tenant, tile indepelldent promises and covellallts of each to tile other.and ~he rent reserved, a;ld intending to be legally bound, Landlord and Tenant ellter i.n[:o I:h.i.:~ I~l~e%~t]. to th~ lIesidential Lease Agreement and agree as follow, s: 1. 'l'ena~lt, upon signing this Renewal, agrees that the term of tile ,Residestial/Leas~ Agreement shall be for (1) year begianing on tile 1st danof , 00, and e.ding o,, ,,,e 2 dsy H 1/ ,~/,D~/~/ c~-~/ , or Ulltil terminated according to tile terms alld conditions o.[ tile Residential Lease Agreement. MONTII TO MONTII 'l 2. Tellant, in Ella. event he desires to terminate tile Residential Lease Agreement, shall~ teIlder to tile landlord written notice of Tenant's desire to vacate the p~emises aud said notice shall be tendered ~o bhe landlord at least thirty (30) days prior to the date Tellallt illtends vacate the premises. If Tenant fails bo bellder the required thirty day written notice, be stall be liable for the moathly rental payment for that thirty (30) day period of time together with any o~her damages provided for in the' Residell~ial Apartment Lease. 3. Tel~ant and Landlord agree that upoll signing this Rel~ewal, the Of the'to~al rent, ~ ~,~ ~hall be payable by the Pennsylvania llousin9 Finonce~Agency as housin~ assistance paymeuts on behalf of the Tenant and $ ~,~ shall be payable by the Tenant ill tile following Ia}" $ /~.~ as tile estimated mouthly utility cost for electricity. Tile Teeal]t ig responsible for paying the apartment electric bill to tile utility~ c~,~ny.~/ ~ (b)__ --___~ as the monthly rental payment to the Landlord. These amounts stall be subject to change by reason of changes in the Tenant's family income, family composition, or extent of exceptional medical or other unusual of Rousing and Urban Development; or by reasoD of adjustment by the Pennsylvania Housing Finance Agency or any applicable Allowance for Utilities and Other Services. Any sucb cba~lge stall be effective as provided for in the Renewal. Tenant and Landlord have}~ereunto set their .. IN WITNESS WHEREOF the day and year first a~written. ha~lds alld seals all as of '" X. (seal) get ~l'enan t ~ E X H ~ B ~ T ~P-2· FROM : IRM AT ORCHARD APTS NO. : 7177~0~ Mar. 28 2002 04;06PM P10 M~R-28-2002 .< J IRM AT ORCHARD APTS FAX NO. : 717730S32~ Mar. 28 2002 04:05PM P9 FROM ~ IRM AT ORCHAR~ APTS FRX NO. : 7177309323 Mar. 28 2002 04:05PM P8 m MAR-28-2002 19:;31 ?1773~9;323 947. 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P. 02 E X H I B I T ~P-~e PROPOSED NOTICE TO QUIT TO: Deneshya Poole 2203 H Cedar Run Drive Extended Camp Hill, Pennsylvania 17011 DATE: November 14, 2001 YOU ARE HEREBY NOTIFIED that as of this date, your lease agreement is being considered for termination because you have committed various substantial and minor violations of the lease agreement, applicable Housing and Urban Development (HUD) regulations, provisions of the Pennsylvania Landlord and Tenant Act, and of the rules and regulations of Orchard Apartments, all of which constitutes "material non-compliance" which term, as outlined in Paragraph 23 of the lease agreement, is defined in part as: "material non-compliance" includes, but it not limited to, non-payment of rent beyond the grace period available under state law; failure to reimburse the landlord within thirty (30) days for repairs made under Paragraph 11 of this agreement; repeated late payment of rent; permitting unauthorized persons to live in the unit; serious or repeated damages to the unit or common areas; creation of physical hazards; serious or repeated interference with the rights and quiet enjoyment of other tenants; failure to repay unauthorized assistance payments; and giving the landlord false information regarding income or other factors considering in determining the tenant's rent". The substantial and repeated minor violations of your lease are as follows: (1) Failure to reimburse Landlord within 30 days for repair charges in accordance with Paragraph 11 of the Lease Agreement and Paragraphs 2-1 of HUD Transmittal 4350.3. As a result of the above acts and actions, the landlord is of the opinion that you have breached the terms of the lease agreement, rules and regulations of Orchard Apartments, and applicable HUD regulations, and have forfeited your right to continue possession of your apartment unit. Page One of Three THEREFORE, YOU ARE HEREBY NOTIFIED to remove from and deliver possession of the leased unit you now occupy at the above address, within thc complex know as Orchard Apartments within thirty (30) days from the date of service of this Notice, but in no event later than December 26, 2001. In the event you remain in possession of thc leased unit beyond December 26, 2001, the date specified for termination herein, and fail to deliver the possession of the leased unit to the landlord, the landlord can seek to enforce the termination of the lease agreement and secure your removal from the leased unit only by initiation a judicial action as required by HUD Transmittal 4350.3, Paragraph 4-21. If a judicial proceeding for and eviction is instituted, you may, at that time present a defense. Department of Housing and Urban Development (HUD) Regulations provide that you ten (10) days within which to discuss the Proposed Notice with the landlord. You may discuss this Proposed Notice by telephoning the office, visiting the office, or by writing a letter. ORCHARD APARTMENTS Kei~istant Manager Served this 14th day of November, 2001. ATTENCION: Si vd no entiende esta noticia por favor venga ha mi offencina y se lo explicare. Page Two of Three AFFIDAVIT OF SERVICE The undersigned does hereby verify that he/she served the Proposed Notice to Quit by placing the Proposed Notice in the United States mail, postage prepaid, first-class, endorsed with a proper return address, on the 14th day of November, 2001. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Kei~Assistant Manager The undersigned does hereby verify that he/she served the Proposed Notice to Quit by one of the two methods set forth below: Personally handing the Proposed Notice to Quit to the tenant or an adult person answering the door at the tenant's apartment on the 14th day of November, 2001. By placing Proposed Notice to Quit under or through the tenant's door on the 14th day of November 2001, and/or Posting the Proposed Notice to Quit on the tenant's door. (Method of service employed evidenced by checked box.) I understand that false statements herein are made subject to the penalties of 18 §4904, relating to unsworn falsification to authorities. Pa. C.S.A. Page Three of Three E X H I B I T ~p-4· FINAL NOTICE TO QUIT TO: Deneshya Poole 2203 H Cedar Run Drive Extended Camp Hill, Pennsylvania 17011 DATE: November 27, 2001 YOU ARE HEREBY NOTIFIED that as of this date, your lease agreement is terminated because you have committed various substantial and minor violations of the lease agreement, applicable Housing and Urban Development (HUD) regulations, provisions of the Pennsylvania Landlord and Tenant Act, and of the rules and regulations of Orchard Apartments, all of which constitutes "material non-compliance" which term, as outlined in Paragraph 23 of the lease agreement, is defined in part as: "material non- compliance" includes, but it not limited to, non-payment of rent beyond the grace period available under state law; failure to reimburse the landlord within thirty (30) days for repairs made under Paragraph 11 of this agreement; repeated late payment of rent; permitting unauthorized persons to live in the unit; serious or repeated damages to the unit or common areas; creation of physical hazards; serious or repeated interference with the rights and quiet enjoyment of other tenants; failure to repay unauthorized assistance payments; and giving the landlord false information regarding income or other factors considering in determining the tenant's rent". The substantial and repeated minor violations of your lease are as follows: (1) Failure to reimburse Landlord within 30 days for repair charges in accordance with Paragraph 11 of the Lease Agreement and Paragraphs 2-1 of HUD Transmittal 4350.3. As a result of the above acts and actions, the landlord is of the opinion that you have breached the terms of the lease agreement, rules and regulations of Orchard Apartments, and applicable HUD regulations, and have forfeited your right to continue possession of your apartment unit. Page One of Three THEREFORE, YOU ARE HEREBY NOTIFIED to remove from and deliver possession of the leased unit you now occupy at the above address, within the complex know as Orchard Apartments within thirty (30) days from the date of service of this Notice, but in no event later than December 29, 2001. In the event you remain in possession of the leased unit beyond December 29, 2001, the date specified for termination herein, and fail to deliver the possession of the leased unit to the landlord, the landlord can seek to enforce the termination of the lease agreement and secure your removal from the leased unit only by initiation a judicial action as required by HUD Transmittal 4350.3, Paragraph 4-21. If you fail to heed this Notice, and remain in the leased unit beyond the date specified for termination herein, I shall be compelled to proceed against you as the law directs, To enforce termination of this lease agreement, and secure your removal from the leased unit, I shall be required to initiate a judicial action as required by HUD Transmittal 4350.3, Paragraph 4-21. If a judicial proceeding for eviction is instituted, you may at that time present a defense. ORCHARD APARTMENTS · . Tyson/Assist~/lanager Served this 27th day of November, 2001. ATTENCION: Si vd no entiende esta noticia por favor venga ha mi offencina y se lo explicare. Page Two of Three AFFIDAVIT OF SERVICE The undersigned does hereby verify that he/she served the Final Notice to Quit by placing the Final Notice in the United States mail, postage prepaid, first-class, endorsed with a proper return address, on the 27th day of November, 2001. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Keith W. Tyson, Assist~q~M)mager The undersigned does hereby verify that he/she served the Final Notice to Quit by one of the two methods set forth below: Personally handing the Final Notice to Quit to the tenant or an adult person answering the door at the tenant's apartment on the 27th day of November, 2001. XX By placing Final Notice to Quit under or through the tenant's door and/or posting the the Final Notice on the 27th day of November, 2001. (Method of service employed evidenced by checked box.) I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Keith W. Tyso~Manager Page Three of Three ORCHARD APARTMENT ASSOCIATES, t/dPo/a ORCHARD APARTMENTS, Plaintiff VS. DENESHYA POOLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-752 CIVIL CIVIL ACTION - LAW NOTICE TO PLEAD TO: Orchard Apmttnem Associates, t/d/b/a Orchard Apartments cio Jordan D. Cunningham, Esquire 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 You are hereby notified to plead to the within New Matter within twenty (20) days after date of service hereof. Date: May 2, 2002 Respectfully submitted, Arthur K Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 07056 ORCHARD APARTMENT ASSOCIATES, t/d/b/a ORCHARD APARTMENTS, Plaintiff VS. DENESHYA POOLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-752 CIVIL CWIL ACTION - LAW ANSWER TO COMPLAINT WITH NEW MATTER AND NOW, thistly of May 2002, comes the Defendant, Deneshya Poole, by her Attorney, Arthur K. Dils, Esquire, and respectfully answers as follows: 1. Paragraph 1 is admitted. 2. Paragraph 2 is admitted. 3. Paragraph 3 is admitted. 4. Paragraph 4 is admitted. o The Defendant qualifies for HUD and her rental payments come directly from HUD and she is unaware of any delinquencies in rental payments and she currently is still eligible for rental payments and the Plaintiff is receiving these rental payments in full and in a timely manner. o The Lease Agreement provides that damages are to be paid and that Defendant did make damage payments for every item hereinafter that was set forth in the Complaint, with the exception of the UGI payment. The UGI payment is unjust in that the tenant, the Defendant herein, did not have access to the shed as she had no key and the key and access were solely in the exclusive possession of the Plaintiff. The Defendant made payments by signing checks to the Plaintiff when certain refunds for utilities and other matters came to her, which the Plaintiff accepted in full satisfaction of the obligations. An additional fee was paid in the amount of $250.00 at the end of December 2001, which was accepted by the Plaintiff. ° Proof is demanded for the allegations contained in Paragraph 7, sub- paragraphs (a) through (p) of the Plaintiff's Complaint in that the Defendant is unaware of the exact amount of monies paid by the Plaintiff for alleged repairs and whether or not said payments were appropriate and justified. In addition, the Defendant has no knowledge as to the extent of damage itemized and repaired by the Plaintiff. The Plaintiff has exclusive knowledge and control of these items and, therefore, the Defendant answers the averments in Paragraph 7, sub-paragraphs (a) through (p) by demanding proof at the time of trial. COUNT I - IN EJECTMENT 8. Paragraph 8 requires no answer. Paragraph 9 is denied. It is denied that the Defendant committed a substantial violation of her Lease. Further, it is denied that there was any violation in that the Plaintiff is estopped from raising these issues because all damages (with the exception of the UGI payment) have been paid and accepted by the Plaintiff. The Plaintiff continually accepts payments and has been made whole and therefore, cannot now complain that there is a violation of the Lease. The Defendant justly relied upon making payments, which the Plaintiff accepted, and therefore, the Plaintiff cannot now seek ejectment because of the Doctrine of Estoppel. 10. Paragraph 10 is admitted. 11. It is averred that notices may have been given to the Defendant, but Defendant avers that there was no legal basis for said notice to tern-linate and disputed these notices at that time and also, at the time of the Hearing before District Justice Charles A. Clement on February 6, 2002. 12. It is averred that notices may have been given to the Defendant, but Defendant avers that there was no legal basis for said notice to tem-dnate and disputed these notices at that time and also, at the time of the Heating before District Justice Charles A. Clement on February 6, 2002. 13. It is admitted the Defendant refused to surrender the premises because she is not in violation of the Lease, has need of the premises, has made all rental payments, and all damage payments except the UGI payment. 14. Paragraph 14 is denied in that the damages were paid as soon as practicable by the Defendant and were consistently accepted by the Plaintiff in full satisfaction and the Plaintiff is estopped from now attempting to eject the Defendant. COUNT II - IN ASSUMPSIT 15. Paragraph 15 requires no answer. 16. Proof is demanded for the allegations contained in Paragraph 16, as said allegations are within the exclusive knowledge and control of Plaintiff and the Defendant is without knowledge of the same. 17. Proof is demanded for the allegations contained in Paragraph 17, as said allegations are within the exclusive knowledge and control of Plaintiff and the Defendant is without knowledge of the same. 4 WHEREFORE, the Defendant, Deneshya Poole, by her Attomey, Arthur K. Dils, Esquire, respectfully requests your Honorable Court to dismiss the Complaint filed against her. NEW MATTER 18. The Defendant, Deneshya Poole, interposes the defense of estoppel in that the Plaintiff alleges a violation of the Lease for nonpayment of damages within thirty (30) days. Through the course of the tenancy, and when certain minor damages were required, the Defendant did make payment (with the exception of UGI) and said payment was accepted in full satisfaction by the Plaintiff. 19. The Defendant justly relied upon the representations and actions of the Plaintiff and will be greatly prejudiced if the Doctrine of Estoppel is not permitted in this case. 20. As to the UGI bill, the Defendant was unable to pernfit UGI to enter, as she did not have a key to the shed, which UGI needed access. The Plaintiff did have the key and, therefore, the Defendant is not responsible for this damage bill. 5 21. A final damage payment was made by the Defendant in December 2001, in the amount of $250.00; again, the Plaintiff accepted this payment and did not take action concerning any alleged Lease violations. 22. The Defendant raises as an affirmative defense, that the Plaintiff is unjustly seeking ejectment because of her race and because of her youth and that the Plaintiff is attempting to take away her shelter, which she needs for herself and one child. WHEREFORE, Defendant, Deneshya Poole, by her Attorney, Arthur K. Dils, Esquire, respectfully prays your Honorable Court to dismiss the Complaint filed against her. Date: May 2, 2002 Respectfully submitted, BY: ~ · ir 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 07056 6 VERIFICATION The undersigned, Arthur K. Dils, Esquire, hereby verifies and states that: 1. He is the attorney for Deneshya Poole. 2. He is authorized to make this verification on Deneshya Poole's behalf. 3. This verification is made by counsel pursuant to Pa.R.C.P., Rule 1024(c). The statements set forth in the foregoing Answer to Complaint with New Matter, are true and correct to the best of his knowledge, information, and belief. 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Arthur K. Dils, Esquire Date: May 2, 2002 CERTIFICATE OF SERVICE I, Arthur K. Dils, Esquire, hereby certify that a true and correct copy of the within Answer to Complaint with New Matter has been served upon the following individual by first class, United States mail, postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on the 2nd day of May 2002, addressed as follows: Jordan D. Cunningham, Esquire 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Respectfully submitted, / ~ 3a-thur K. Dils, Esquire 1017 North Front Street Hanisburg, PA 17102 (717) 232-9724 I.D. No. 07056 Date: May 2, 2002 ORCHARD APARTMENT ASSOCIATES, t/d/b/a ORCHARD APARTMENTS, Plaintiff Vo DENESHYA POOLE, Defendant RULE 1312-1, IN THE COURT OF COMMON PLEAS OF Cb~BERLAND COUNTY, PENNSYLVANIA NO. 02-752 CIVIL t~ CIVIL ACTION - LAW The Petition for Appointment of Arbitrators shall be substantial%y in the following form; PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Jordan D. Cunningham counsel for the plaintiff~ in ., the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ ejectment The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: Arthur K. Dils, Esquire - Counsel for Defendant WREREFORE, your petitioner prays your Honorable Court to appoinZ~) arbitrators to whom the case shall be submitte~d' Es~., and ~f~/.~ ~,Esq / above-captioned action (or actions) as prayed for. ORCHARD APARTMENT ASSOCIATES, t/d/b/a ORCHARD APARTMENTS, Plaintiff Vo DENESHAY POOLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 752 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE I do hereby state that I served a true and correct copy of the PETITION FOR APPOINTMENT OF ARBITRATORS in the above captioned matter by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania on September 16, 2002, addressed to: Arthur K. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (Attorneys for Defendant) Date: SeDtember 16, 2002 Respectfully submitted, J~dan D~//~nningham, Esquire ,~.D. #2~44 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) Orchard Associates, t/d/b/a Orchard Apartments, Plaintiff) Deneshya Poole, Defendant In The Court of Co~%on Pleas of Cumberland County, Pennsylvania No. ,2002-752 19__ Civil Action-Law ,) O'ATH We do solemnly swear (or affirm) that we will support, obey and defend Da 'd A Bar'- Chairman Stephen L. Bloom AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If d~.-ges for delay are awarded, they shall be separately stated.) Upon stipulation of the parties judgment is entered in favor of Plaintiff and against Defes~ant in the amount of $500.00 plus costs of $84.50. Said judgme: representing payment for the cost to repair physical damages to the apartment unit known and numbered as Apartment H 2203 Cedar Run Drive, Camp Hill, PA applicable.) Date of Rearing: December 5, Date of Award: December 5, 2002 · Arbitratgr., dissents. (Insert/~me if Day~ A. ' Stephen L. Bloom NOTICE OF ~-/qTRY OF AWARD award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: s clO°° -- . / ~Pr°~hon°taryz ~/ , Deputy ~ R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 December 20, 2002 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy Dear Sir, Bruce A. Goodyear VS Patricia J. Pannebaker No. 2002-752 T Civil Term Property Claim Determination 2002-5529 Civil Reference is made to Property Claim dated December 12, 2002 entered by Terry McEntee pertaining to Writ of Execution No. 2002-752 T Civil Term, Bruce A. Goodyear -vs- Patricia J. Pannebaker. R. Thomas Kline, Sheriff, has determined that the claimant, Terry McEntee, in the above mentioned property claim, is prima facie the owner of the property set forth therein. CC.' Bruce Goodyear, Pltff Patricia J. Pannebaker, Defendant Terry McEntee, Claimant So Answers: R. Thomas KIine, Stieriff