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Home My WebLink About04-5695 CHRISTINA GOUGH, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. . I : No. 04- .$"'9~ CIVIL TERM HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, Respondent : APPEAL FROM LOCAL AGENCY : DETERMINA nON APPEAL FROM DETERMINATION OF THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND TERMINATING APPELLANT FROM THE RENTAL ASSISTANCE PROGRAM Appellant, Christina Gough, pursuant to 2 Pa.C.S.A. ~752, appeals from a determination of the Housing Authority of the County of Cumberland terminating her Section 8 Rental Assistance, on the following grounds: 1. Appellant, Christina Gough (hereinafter "Ms. Gough"), is an adult individual residing at 22 East Street, Apt.#3, Mt. Holly Springs, Cumberland County, PA 17065. 2. Respondent, Housing Authority of the County of Cumberland, (hereinafter "the Housing Authority"), is a "local agency" within the meaning of the "Local Agency Law," 2 Pa.C.S.A.~~551-555, 751-754, and with offices located at 114 N. Hanover Street, Carlisle, Cumberland County, PA 17013. 3. Christopher Gulotta is the Executive Director of the Housing Authority. He is responsible for seeing that the Housing Authority complies with applicable laws and regulations. His office is located at 114 N. Hanover Street, Carlisle, Cumberland County, PA.17013. 4. Cathy S. Graver is the Director of Operations for the Housing Authority. She is responsible for seeing that the Housing Authority complies with applicable laws and regulations. Her office is located at 114 N. Hanover Street, Carlisle, Cumberland County, P A 17013. 5. Carolyn Bair is the Rental Assistance Program Supervisor for the Housing Authority. She is responsible for seeing that the Housing Authority complies with applicable laws and regulations. Her office is located at 114 N. Hanover Street, Carlisle, Cumberland County, PA 17013. 6. Ms. Gough received Section 8 assistance to make her rent affordable for herself, her fiance Michael Curran, and their three children since approximately September of 2003. 7. By letter dated October 14,2004, Cathy S. Graver notified Ms. Gough that her Section 8 assistance was terminated, effective October 31, 2004 (Letter attached hereto as Appellant's Ex. "A"), for having "unauthorized persons living with you." 8. Ms. Gough did not have anyone living with her other than the aforementioned family on her lease and is not in violation of her lease, regulations, or family obligations. 9. An informal hearing was held by the Housing Authority at which Ms. Gough appeared "pro se," but it is believed that a "full and complete record" as contemplated by 2 Pa.C.S.A.S754 was not made (Letter, hearing outcome, attached hereto as Appellant's Ex. "B"). 10. The "market rent" that Ms. Gough must now attempt to pay is not affordable for herself and her family. 11. Appellant believes that she will be able to establish that she did not violate her lease, regulations, or family obligations and that she remains eligible for rental assistance administered by the Housing Authority. WHEREFORE, the Appellant requests that this Honorable Court grant the following relief: A. Pursuant to 2 Pa.C.S.A.~754, schedule a de novo hearing before this Court and, at the conclusion of the hearing, enter an Order reversing the Housing Authority's decision terminating Appellant from the Section 8 Rental Assistance Program, or, in the alternative, remand the proceedings to the Housing Authority for the making of a full and complete record; B. Award Appellant such other and further relief as this Court may deem reasonable and just. Respectfully submitted, MIDPENN LEGAL SERVICES By: ~1t~,Z7 ~ Geoffrey M. Biringer 8 Irvine Row Carlisle, P A 17013 (717)243-9400 Sup. Ct. ID#18040 HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND w--~ . Rental Housing for Families · Rental Housing for Elderly · . Rental Housing for Persons with Special Needs · · Rental Assistance Programs · · First-Time Homebuyer Programs · . Supportive ServicesJEmpowerment Programs · October 14,2004 Christina Gough and Michael Curran 22 East Street, Apt. #3 Mt. Holly Springs, P A 17065 Dear Ms. Gough and McCurran: Per your request I have reviewed your file and Carolyn Bair's determination to terminate your assistance under the Section 8 program. This decision was based on information received and discussed prior to and at the September 30, 2004 hearing relating to unauthorized persons living with you. In response to your request to review your file I concur with Ms. Bair's decision to terminate your assistance under the Section 8 program effective October 31,2004. This is the Housing Authority's final decision. Effective October 31, 2004 your rental assistance will terminate and you will be responsible for the full rent due to your landlord. Sincerely, THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND (!;ff:! ~ Director of Operations /csg cc: Carolyn Bair /fA I( CX~ SERVING CUMBERLAND COUNTY SINCE 1975 114 N. HANOVER ST. - STE. 104 · CARLISLE PA 17013-2445 TelephonetrDY (717) 249-1315 -(717) 697-7703 · (717) 532-8805' Fax(717) 249-5988' E-mail: mail@cchra.com · www.cchra.com 1-- /"~ri--I I---L'-->~~ .--/ "I II - ", r Iii I if., I I : /"",- // "l 'I I l.-./'. I HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND · Rental Housing for Families · Rental Housing for Elderly · · Rental Housing for Persons with Special Needs · · Rental Assistance Programs · · First-Time Homebuyer Programs · · Supportive ServiceslEmpowerment Programs · October 4, 2004 Christina Gough and Michael Curran 22 East Street, Apt. #3 Mt. Holly Springs, PA 17065 Dear Ms. Gough and Mr. Curran: On Thursday, September 30,2004, an informal hearing was held on your termination from the Section 8 program. At this hearing we discussed information we received indicating that you have had unauthorized persons living with you. I have considered the information you presented. However, I don't consider the information you provided to be substantial enough to refute the Post Office information. Therefore, I am upholding your termination from the program. Your rental assistance will end as stated in your previous letter, October 31,2004. Sincerely, THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND Carolyn E. Bair Rental Assistance Program Supervisor II 1/ C><-. J5 SERVING CUMBERLAND COUNTY SINCE 1975 114 N. HANOVER ST. - STE. 104 · CARLISLE PA 17013-2445 TelephonelTDY (717) 249-13150(717) 697-77030 (717) 532-8805 0 Fax(717) 249-59880 E-mail: mail@cchra.com . www.cchra.com , . VERIFICA nON Christina Gough verifies that the statements made in the above Local Agency Appeal are true and correct. Appellant understands that false statements herein are made subject to the penalties of 18 Pa. c.s. ~4904, relating to unsworn falsification to authorities. Date: \ \- 9-01 r: ~d /!i~~Co ( L t~~~a Gough, Appellant) n ,...., 0 (::::.::;lI ~,', :; ~::::> -n ..r::- --i I ..,.'l:'.... hi~ C) <I!iIil:': r:q (, N lr.... () I , "'Y{ " ~ -;,) :";1 _e..:... C) 1'.\ - -. (". C",) .." :";! Ul -..., \.0 CHRISTINA GOUGH Appellant, v. IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA . -- :No. 04- ~-z,'i5CIVIL TERM HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, Respondent : APPEAL FROM LOCAL AGENCY : DETERMINATION PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Christina Gough, Appellant, to proceed in forma pauperis. I, Geoffrey M. Biringer, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. MIDPENN LEGAL SERVICES By:~h.Lr Geoffrey M. Biringer, Attorney forPlaintiff 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 (') c r-..) C? c:.::> ..l..- ~ c:; ~::: ('0.,) f',) .. (n 1..0 C) -n ::;:1 rH~1 n', C I (--, "'".' :r! (:") n'1 CHRISTINA GOUGH Appellant v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ~ No. 04- j1,1~ CIVIL TERM HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, Respondent : APPEAL FROM LOCAL AGENCY : DETERMINATION ORDER AND NOW, this aJ lid.. day of November, 2004, upon consideration of the Appeal filed in the above-captioned matter, it is hereby Ordered as follows: a de novo "I will be held before this Court on the ~day of h~, 2004, at ~'.OO o'clock, ~ m., in Courtroom ..:2. J. C?; = j ~ u ~...t s ~~ t. i- f") " . ~~ ~ ~ l,Q .....:~.. 6\ , ,~ "'" "'......... N ('-.I "">- ;~'2 j-I,) \, CHRISTINA GOUGH, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. . I : No. 04- 5" 'l~ CIVIL TERM HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, Respondent : APPEAL FROM LOCAL AGENCY : DETERMINATION APPEAL FROM DETERMINATION OF THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND TERMINATING APPELLANT FROM THE RENTAL ASSISTANCE PROGRAM Appellant, Christina Gough, pursuant to 2 Pa.C.S.A. ~752, appeals from a determination of the Housing Authority of the County of Cumberland terminating her Section 8 Rental Assistance, on the following grounds: 1. Appellant, Christina Gough (hereinafter "Ms. Gough"), is an adult individual residing at 22 East Street, Apt.#3, Mt. Holly Springs, Cumberland County, P A 17065. 2. Respondent, Housing Authority of the County of Cumberland, (hereinafter "the Housing Authority"), is a "local agency" within the meaning of the "Local Agency Law," 2 Pa.C.S.A.~~551-555, 751-754, and with offices located at 114 N. Hanover Street, Carlisle, Cumberland County, P A 17013. 3. Christopher Gulotta is the Executive Director ofthe Housing Authority. He is responsible for seeing that the Housing Authority complies with applicable laws and regulations. His office is located at 114 N. Hanover Street, Carlisle, Cumberland County, PA. 17013. 4. Cathy S. Graver is the Director of Operations for the Housing Authority. She is responsible for seeing that the Housing Authority complies with applicable laws and regulations. Her office is located at 114 N. Hanover Street, Carlisle, Cumberland County, PA 17013. 5. Carolyn Bair is the Rental Assistance Program Supervisor for the Housing Authority. She is responsible for seeing that the Housing Authority complies with applicable laws and regulations. Her office is located at 114 N. Hanover Street, Carlisle, Cumberland County, PA 17013. 6. Ms. Gough received Section 8 assistance to mak{~ her rent affordable for herself, her fiance Michael Curran, and their three children since approximately September of 2003. 7. By letter dated October 14, 2004, Cathy S. Graver notified Ms. Gough that her Section 8 assistance was terminated, effective October 31, 2004 (Letter attached hereto as Appellant's Ex. "A"), for having "unauthorized persons living with you." 8. Ms. Gough did not have anyone living with her other than the aforementioned family on her lease and is not in violation of her lease, regulations, or family obligations. 9. An informal hearing was held by the Housing Authority at which Ms. Gough appeared "pro se," but it is believed that a "full and complete record" as contemplated by 2 Pa.C.S.A.9754 was not made (Letter, hearing outcome, attached hereto as Appellant's Ex. "B"). 10. The "market rent" that Ms. Gough must now attempt to pay is not affordable for herself and her family. 11. Appellant believes that she will be able to establish that she did not violate her lease, regulations, or family obligations and that she remains eligible for rental assistance administered by the Housing Authority. WHEREFORE, the Appellant requests that this Honorable Court grant the following relief: A. Pursuant to 2 Pa.C.S.A.~754, schedule a de novo hearing before this Court and, at the conclusion of the hearing, enter an Order reversing the Housing Authority's decision terminating Appellant from the Section 8 Rental Assistance Program, or, in the alternative, remand the proceedings to the Housing Authority for the making of a full and complete record; B. Award Appellant such other and further relief as this Court may deem reasonable and just. Respectfully submitted, MIDPENN LEGAL SERVICES By: ~"fIt1- ,~ - Geoffrey M. Biringer 8 Irvine Row Carlisle, P A 17013 (717)243-9400 Sup. Ct. ID# 18040 HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND . Rental Housing for Families · Rental Housing for Elderly · · Rental Housing for Persons with Special Needs · · Rental Assistance Programs · · First-Time Homebuyer Programs · · Supportive ServicesJEmpowerment Programs · October 14, 2004 Christina Gough and Michael Curran 22 East Street, Apt. #3 Mt. Holly Springs, P A 17065 Dear Ms. Gough and Mr.'Curran: Per your request I have reviewed your file and Carolyn Bair's determination to terminate your assistance under the Section 8 program. This decision was based on information received and discussed prior to and at the September 30,2004 hearing relating to unauthorized persons living with you. In response: to your request to review your file I concur with Ms. Bair's decision to terminate your assistance under the Section 8 program effective October 31,2004. This is the Housing Authority's final decision. Effective October 31, 2004 your rental assistance will terminate and you will be responsible for the full rent due to your landlord. Sincerely, THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND ~!~. Director of Operations /csg cc: Carolyn Bair itA I( CX~ SERVING CUMBERLAND COUNTY SINCE 1975 114 N. HANOVER ST. - STE. 104. CARLISLE PA 17013-2445 TelephonetrDY (717) 249-1315 -(717) 697-7703. (717) 532-8805. Fax(717) 249-5988. E-mail: mail@cchra.com · www.cchra.com r-l n [" I~~ //~~'~ i I I t~..-.>"-"" r Iii I !J.." I I I :., ,/ -'I I I L-.-/", I HOUSING AUTHORITY OF THE COIJNTY OF CUMBERLAND · Rental Housing for IP8.milies · Rental Housing for Elderly · · Rental Housin!, for Persons with Special Needs · · Renud Assistance Programs · · First-Time Homebuyer Programs · · Supportive ServiceslEmpowerment Programs · October 4, 2004 Christina Gough and Michael Curran 22 East Street, Apt. #3 Mt. Holly Springs, PA 17065 Dear Ms. Gough and Mr. Curran: On Thursday, September 30,2004, an informal hearing was held on your termination from the Section 8 program. At this hearing we discussed information we received indicating that you have had unauthorized persons living with you. I have considered the information you presented. However, I don't consider the information you provided to be substantial enough to refute the Post Office information. Therefore, I am upholding your termination from the program. Your rental assistance will end as stated in your previous letter, October 31,2004. Sincerely, THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND Carolyn E. Bair Rental Assistance Program Supervisor II 1/ E)<-, ~ SERVING CUMBERLAND COUNTY SINCE 1975 114 N. HANOVER ST. - STE. 104 · CARLISLE PA 17013-2445 TelephonetrDY (717) 249-1315 '(717) 697-7703 . (717) 532-8805 · Fax(717) 249-5988' E-mail: mail@cchra.com . www.cchra.com , . VERIFICA nON Christina Gough verifies that the statements made in the above Local Agency Appeal are true and correct. Appellant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: \ \ - 9 -0 ( / I L- s:c, , ~..; ~ ,." ~, r) r ......, <,:..:;:> c:> ..<::- o -n "4 -,' hi ?1 m ;- q "\ (:) "-~; =;',t ,,; i:'J [<.I'OJ ~:i -,- 2:5 ""iIl~ : N :~"~ _,.:t... f'-,) (Jl "i'J U:J .< ~tA NOV 1 7 2004 ~. ~ v. IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA ;No. 04- ~~1SC]VIL TERM CHRISTINA GOUGH Appellant, HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, Respondent : APPEAL FROM LOCAL AGENCY : DETERMINATION PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Christina Gough, Appellant, to proceed in forma pauperis. I, Geoffrey M. Biringer, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. MIDPENN LEGAL SERVICES By:~h. ~:-r-1 Geoffrey M. Biringer, Attorney forPlaintiff 8 Irvine Row Carlisle, P A 170113 (717) 243-9400 C) "...:> C':J. c; C~ -L.- ~, -." ...... ...,1';... , , c::' "1- 4ft';.:: i .. 1',) -"..J " :"1.~ (") 1-., r r ...' r,) -~ -;~~ (n :""'7 \.0 -<. CHRISTINA GOUGH Appellant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 04- CIVIL TERM HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, Respondent : APPEAL FROM LOCAL AGENCY : DETERMINATION ORDER AND NOW, this day of November, 2004, upon consideration of the Appeal filed in the above-captioned matter, it is hereby Ordered as follows: the above-captioned action is remanded to the Housing Authority of the County of Cumberland for the making of a full and complete record. Said record shall be returned to this Court and distributed to the parties within days of this Order. BY THE COURT: J. , NOV 1 7 7004 ~ Jl CHRISTINA GOUGH Appellant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 04- CJVIL TERM HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, Respondent : APPEAL FROM LOCAL AGENCY : DETERMINATION ORDER AND NOW, this day of November, 2004, upon consideration of the Appeal filed in the above-captioned matter, it is hereby Ordered as follows: the above-captioned action is remanded to the Housing Authority of the County of Cumberland for the making of a full and complete record. Said record shall be returned to this Court and distributed to the parties within days of this Order. BY THE COURT: J. CHRISTINA GOUGH Plaintiff :IN THE COURT OF COMMON PLEAS VS. :OF CUMBERLAND COUNTY, PENNSYL VANIA :NO. 04-5695 CIVIL TE:RM HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND Defendant : APPEAL FROM LOC AL AGENCY : DETERMINATION PRAECIPE TO SETTLE AND DISCONTINUE I, Geoffrey M. Biringer, MidPenn Legal Services, as counsel for Plaintiff, Christina Gough, hereby request that the above-captioned case be marked, "settled and discontinued." Date /;Z,.-- J - D 'I' J, 'Geoffrey M. Biringer MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 Sup. Ct. # 18040 o f ~"~ I'-' = c:.:~ ..x;.- C? ,,...',\ (-) \ <...0 I: :pr,' ::'.:: o --n ~ --c ..., i'f'F;;" -ern ')9 ,.i ('J ',J.T! (~~.s ;:;-) , , i ~:\ -'j;.... ~iJ. -.- -.- - U1 SHERIFF'S RETURN - REGULAR CASE NO: 2004-05695 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GOUGH CHRISTINA VS HOUSING AUTH OF COUNTY CUMBERL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within APPEAL - MISC was served upon HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND the APPELLEE 1 at 1433:00 HOURS, on the 15th day of November, 2004 at 114 NORTH HANOVER STREET CARLISLE, PA 17013 by handing to KAREN MICHAEL, HOUSING REPRESENTATIVE a true and attested copy of APPEAL - MISC together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.70 .00 10.00 .00 31.70 /"" h7,./.'~~ r".::~. . ~ ",.or AI.... .,.-;.. ..' (-l-~Jf~"." ,,- r'" ]-> . r/~~ -1' ..-.:::4....il'..,::..(~ R. Thomas Kline 00/00/0000 LS Sworn and Subscribed to before By: fl-~~ ;,~ Deputy sherrtl ~' me this ~~~ day of C~ d "'.; A.D. C ~~n9ta~k; ~