Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
13-2514
Supreme Ca, Eof :tiennsylvania A Con ' `O&COMM0 Teas For Prothonotary Use Only: Cil over Sheet w r Docket No: Clcr_k County 13 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by lax,or rules of court. Commencement of Action: S 0 D Complaint 0 Writ of Summons Petition 0 Transfer from Another Jurisdiction Declaration of Taking � E j C Lead Plaintiff s Name: Lead Defendant's Name: T oTzc.,a da,z� �P��Tt c.t C S So Y A M e QC1 L- Dollar Amount Requested: Dwithin arbitration limits I Are money damages requested? 0 Yes O'No (check one) Doutside arbitration limits O N Is this a Class Actign Suit? 0 Yes 0No Is this an MDJAppeal? I(Yes 0 No A Name ofPlainti Appellant's orney: SAt MC M� �c.� ' _ £5�3� — M?L's 0 Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that { you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card Board of Assessment 0 Motor Vehicle 0 Debt Collection:Other ® Board of Elections 0 Nuisance II Dept.of Transportation 0 Premises Liability 0 Statutory Appeal:Other S 0 Product Liability('does not include mass tort) , 0 Employment Dispute: E r 0 Slander/Libel/Defamation Discrimination j C J Other: ;l.` 0 Employment Dispute:Other 0 Zoning Board Other: T A FPEA(- I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration B Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment ® Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations ®Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ®Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental ®Partition 0 Replevin 0 Legal Quiet Title 0 Other: 0 Medical 0 Other: { 0 Other Professionak X. i - Updated 1/1/2011 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT C C AMJD COMMON PLEAS No. 13 - c9S/94 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 Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG.DIST.NO. NAME OF MDJ So QIA &(C k3sit-L MbS--ocl- I - O ( FfoiJ, CHA?--I-ES A CLCAACIJT ADDRESS OF APPELLANT C ITY STATE ZIP CODE ZZoC �- CED/�_ Z(,t DZIv£ ��TE�tE� CAMP MILL DATE OF JUDGMENT IN THE CASE OF(Plaintiff) (Defendant)' o�! 2R Zo c 3 ©-ZC,�-t aZD APA� o�.t E d.1 i S�S S o!� �/,� M DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AG/ENT MS -- ogtot cpo00 0 571 -20 c3 This block will be signed UNi Y.when this notation is required under Pa. If appellant was Claimant (see Pa. R.C .D -f Wo 1001(6) in action R.C.P.D.J. No. 100,6B,.,-- , This Notice of Appeal,,when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEOEAS"to the judgment for possession in this case. within twenty .• (20)days after filing the NOTICE of APPEAL. z� • 1 �oaturao/ProthonolaryorDeputy FRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT(see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon 07-C�-k A t> &,F AXT&A G QTS appellee(s),to file a complaint in this appeal Name of appellee(s) (Common Pleas No. )within twenty(20)days after service of rule or suffer entry of judgment of non pros. Signature of appellant or att rney or agent RULE: To 07-r_ A��� A�'A�TM>�t�TS ,appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20)days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time,a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service al Is th ate of the mailing. Vw,AVX nXn ihN � Date:' ' &20-t-'? A1N(103.0NV1839Wn Signature of Prothonotary or Deputy 1,1 *0 Wd 9- M EI0z YOU MUST INCLUDE A COPY OF V;gffi f� d1§?,9! f 1T/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. -In ( Irj AOPC 312-05 y �' 00 Pd- Ravi 6k:#/4-�s'�S3�aa a v COMMONWEALTH OF PENNSYLVANIA IVOtICe Of Judgment/Transcript COUNTY OF CUMBERLAND. Residential Lease T Mag. Dist. No: MDJ-09-1-01 Orchard Apartments MDJ Name: Honorable Charles A. Clement Jr. V. Address: 920 Linda Lane Sonya McNeill Camp Hill, PA 17011 Telephone: 717-737-3434 Sonya McNeill Docket No: MJ-091 01-LT-0000051-2013 2209 E. Cedar Run Drive Extended Case Filed: 4/9/2013 Camp Hill, PA 17011 Disposition Details Grant possession. Yes Grant possession if money judgment is not satisfied by the time of eviction. No Disposition Summary Docket No Plainti ff Defendant Disposition Disposition Date MJ-091 01-LT-0000051-2013 Orchard Apartments Sonya McNeill Judgment for Plaintiff 04/29/2013 Judgment Summary Participant_ Joint/Several Liability Individual Liability Amount Orchard Apartments .$0.00 $0.00 $0.00 Sonya McNeill $0.00 $122.50 $122.50 Judgment Detail .i*PostJuagmentj In the matter of Orchard Apartments vs. Sonya McNeill on 4/29/2013 the judgment was awarded as follows: The amount of rent per month,as established by the Magisterial District Judge,is$84.00 Judament Component Joint/Several Liability Individual Liability . Deposit Applied Amount Costs $0.00 $122.50 $122.50 Grand Total: $122.50 Portion of judgment for physical damages arising out of residential lease: $0.00 IN AN ACTION INVOLVING A RESIDENTIAL LEASE,ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE..THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT,IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS,THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE.APPEAL IS FILED.HOWEVER,LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J.NO.1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE,THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS,CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES.OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON.PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. MDJS 315A Page 1 of 3 Printed:04/29/2013 3:40:22PM Orchard Apartments Docket No.: MJ-09101.-LT-0000051-2013 V. . Sonya McNeill . a tt y�9 Ih q. W. '! J-"`, ..f•,F f`i �l ;.1'V'�� P f .�y' �i. I' •V.� !•.^+t'4'/�:Y� �t�f ") '' ' `V - 1 I x ,�M•il fva fVl� - a r D2te' Magisterlai District Judge.charles'A Ci2ment Jr ;., '. ce i at this is a true and correc .copy of e record of the procee ings con aining t.e,iu .gmen: .' Date Magisterial District Judge MDJS 315A Page 2 of 3 Printed:04/29/2013 3:40:22PM ' Orchard Apartments Docket No.: MJ-09101-LT-0000051-2013 V Sonya McNeill j PY FAA AN 9 45 s �' ,r rs °Participant tl<st v» ste 4G/t ,'+tf tt :Y, �, t .a \ity .W,rl� a:.Y t .1Kd-rvf' i`}. ,s sf ;r r .wr sa r1s i:; Y 'y s r '( .•hr' -.F •r `i 7t�4: � [r ' � .r>;L v�•.7'(: �. 'n LA R'4 Y s 7i ..A - +y i. t M '.,s �- .> a y. �• �, s _33Z � "kw + }_ eA� ¢1 f + tr`y, n Y _ \ t �Sa ;.i C, xl". i ,7 r x - �• , ..� r j � 5'I�{*S- t} � ,+i�A4,�,o.�i P4 "t�.,�:.,�f•,��+.�r+3-t:r*.r �.`??k'a N�c '�'.`H,wu ��' +{ .,- r � `- � 4 � `. Rlafntiff(s) ` K Orchard Apartments 2204 Cedar Run Drive Extended Camp Hill, PA 17011 Defendant(s) Sonya McNeill- .2,209-2, Cedar-Rtini 3 ive Extended �: .: , _ ._. .' .• - �- • �; _.:.-. , Camp Hill,.PA 17011. Complainanft Attorney(s) Jordan Daniel Cunningham,Esq. 2320.N.2nd Street Harrisburg,PA 17?06,0457 x f• r .P1 .[ - ^ {x�?ht'>• ` "9 n .�, »"`q,. °fT rty_ 4;:k r X f -.S ,r0i--r•.f a y�..� ,� r� I r rh j tt r �M^Zr, 4 4 y v i 4' f S. r• x J.�,. r 1 k Xp � + ' ).1 _ • t �,' r ,. $.'�rr s rf � st r r �• s. - J r tY - r r e -f s 1 t+ i. a yor�� ..f� s��`G,. is e ..+ r '+ ; f rr`. � �b }4 t>Y r rw t A .. � sc ., .�. _ .x�_ P�; .- � 4• -r. MDJS 315A Page 3 of 3 Printed:04/29/2013 3:40:22PM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Orchard Apartments Plaintiff/Appellee Docket No.' l3 • as/� VS. Civil Action Sonya McNeill, Appeal From-MJ-09101-LT-000.0051-2013 Defendant/Appellant PRAECIPE TO PROCEED IN FORMA PAUPERIS Pursuant to Pa.R.C.P. No. 240(d) and(i), kindly allow Defendant to proceed in . forma.pauperis. Counsel hereby certifies that she believes said party is indigent, and counsel is a Court-approved legal services organization which is providing free legal services to that,person. C. Date J ime M. Haley, Esq. c7 c MidPenn Legal.Services . -0� w 401 East Louther Street M�f Carlisle, PA 17013 (717) 243-9400 ext. 2513 ``<_ an Cam% r_5- b� r ;. ED OFFICE E )F ;NE e4 �i B0TH0fyn i 4lp`. CUMBERLAND cBU,N+r�' PENNSYLV�,Nl PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN(10)DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ;ss AFFIDAVIT: I hereby(swear)(affirm)that I served t3- ZSi�( a copy of the Notice of Appeal,Common Pleas No. upon the Magisterial District Judge designated therein on Nt#,y o} (date of service) 20 1:3 ❑ by personal service b (certifie (registered)mail, sender's receipt attached hereto, and upon the appellee, (name) S©�n� D` ctA&3 0 t"t-1 AM > L_SOL OVG N ARD APAR t aVtE8.1 C AAA,4 p-+ 20 \5 ❑by personal service (certifie registered)mail, sender's receipt attached hereto. (SWORN)(AFFIRMED)AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Q � Signature of official before whom affidavit was made Signature of affiant Title of official My commission expires on ,20 AOPC 312A-05 CARLISLE BARRACKS PO CARLISLE, Pennsylvania 170139997 4134870015 -0098 w 05/Q7/2013 (717)258-1930 01:39:42 PM tarrrrarirl riewrallrarti ,id ---- Sales Receipt ---- Product Sale Unit Final U.S. Postal Service, Description Oty Price Price CERTIFIED MAILT. RECEIPT Zone-1 CAMP HILL PA 17011 $0.66 rru ,• Letter First-Class 1.50 oz. Expected Delivery: Wed 05/08/13 ru P F ,� *** Return Rcpt $1.25 ca (Electronic) r` Postage $ Use label 70121640000107826124 for ;=''�� inquiry on Return Receipt certiNedFee `�"; �� ``✓ (Electronic). a 0 C Return Receipt Fee �P�ostmark'N``_, (BO Certified 1 f i ed $3.10 (Endorsement Required) Label #: 70121640000107£326124 Z` S _; ` r:.r Customer Postage -$5.01 Restricted Delivery Fee -,� d (Endorsement Required) Subtotal : $0.00 ' '�•< » <<�ri�; f HARRISBURG PA 17106 $0.66 Total Postage&Fees $ o Zone-1 First-Class ni ` . Letter Esent 1.410 oz. ES C>.£ Expected Del 1 very: Wed 05/08/13 a i No.; --------------- J *�r. Return Rcpt r- No. 9ZQ Lt��Q L�� (Electronic) $1'25 ,Z% t - ��®IE I Use label # 70121640000107826131 for M (-t� inquiry on Return Receipt (Electronic). 11 Certified $3.10 Label #: 70121640000107826131 Customer Postage -$5.01 Subtotal : $0.00 CAMP HILL PA 17011 $0.66 Zone-1 First-Class Letter 1.40 oz. Expected Delivery: Wed 05/08/13 *** Return Rcpt $1.25 (Electronic) Use label # 70121640000107826117 for inquiry on Return Receipt (Electronic). ®1 Certified $3.10 Label 0: 70121640000107826117 Customer Postage -$5.01 Subtotal : $0.00 Total : $0.00 Paid by: 01 For tracking or inquiries go to USPS.com or call 1--800-222-1811. *** IMPORTANT: For Return Receipt (Electronic), wait one day, go to USPS.com; select Track & Confirm; enter label number(s); select 'Request Return Receipt (Electronic) '; enter your name and email address. Please make your request within 60 days. BRIGHTEN SOMEONE'S MAILBOX. Greeting cards available for purchase at select Post Offices. 1t Yt 7k**7k Yt 1k*IY*M'*Yt7K**Yl7K 1C*YC iC7 C 7Y 7K IC>r*Yt)C Yf 7k Yt 7C ri'Yt*7C Yt )t 1C 7t R7 t*1C 7K YCYt XII'7C 7t YIYl7t 1C Yf Yt It)Y YC*****Yt Ir IY**X*Yt Yt Yf Yt 7r Order stamps at usps.com/shop or call 1-800-Stamp24. Go to usps.com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-LISPS. Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. ORCHARD ASSOCIATES, : IN THE COURT OF COMMON PLEAS t/d/b/a ORCHARD APARTMENTS, : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA `A u =--n V. NO. 13-2514 r`' SONYA MCNEILL, CIVIL ACTION-LAW <� ° °o Defendant C5,-q 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 800=990-9108 JORDAN D.CUNNINGHAM,ESQUIRE PA I.D.No. 23144 CUNNINGHAM&CHERNICOFF,P.C. 2320 NORTH SECOND STREET HARRISBURG,PA 17110 TELEPHONE: (717)238-6570 FACsIMiLE:(717)238-4809 EMAIL:JCUNNINGHAM(iDCCLAWPC.COM ORCHARD ASSOCIATES, IN THE COURT OF COMMON PLEAS t/d/b/a ORCHARD APARTMENTS, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 13-2514 SONYA MCNEILL, CIVIL ACTION -LAW Defendant Appeal from Magisterial District Judge Landlord/Tenant Judgment COMPLAINT AND NOW comes the Plaintiff, Orchard Associates,t/d/b/a Orchard Apartments by and through its attorneys, Cunningham& Chernicoff, P.C., and files this Complaint in Ejectment and Assumpsit and in support thereof avers as follows: 1. The Plaintiff, Orchard Associates t/d/b/a Orchard Apartments, is a Pennsylvania limited partnership which is registered with the Department of State and has a principal office located at 2204 Cedar Run Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant, Sonya McNeill, is an adult individual who resides at 2204 Cedar Run Drive, Apartment 2209 E, Camp Hill, Cumberland County, Pennsylvania. 3. At all times material to Plaintiffs cause of action, Plaintiff, Orchard Associates t/d/b/a Orchard Apartments, has been the legal owner of the tract of land on which the building in which the Defendant resides is sited. 4. On or about January 3, 2012, Defendant executed a Lease Agreement by the terms of which the Defendant leased from the Plaintiff a residential apartment, 2204 Cedar Run Drive, Apartment 2209 E, Camp Hill, Cumberland County, Pennsylvania for an initial term beginning on March 1, 2012 and ending on March 31, 2012, after which initial term, the lease continued on successive terms for one (1)month. Defendant occupies an apartment unit which is subsidized under a federal housing program, generally known as the Section 8 Program. A true and correct copy of the Residential Lease Agreement for 2204 Cedar Run Drive, Apartment 2209 E, Camp Hill, Cumberland County, Pennsylvania, is attached hereto, made part hereof, incorporated herein by reference and is marked as Plaintiff s Exhibit"P-1". 5. The Defendant agreed to abide by the following terms set forth in the Lease Agreement: 13. General Restrictions: ...The Tenant agrees not to:... b. use the unit for unlawful purposes; C. engage in or permit unlawful activities in the unit, in the common areas or on the project grounds;... e. make or permit noises or acts that will disturb the rights or comfort of neighbors.... 14. Rules: The Tenant agrees to obey the House Rules... a. the rules are reasonably related to the safety, care and cleanliness of the building and the safety, comfort and convenience of the Tenants;.... 2 23. Termination of Tenancy: C. The landlord may terminate this Agreement for the following reasons: 1. the Tenant's material noncompliance with the terms of this Agreement; 2. the Tenant's material failure to carry out obligations under any State Landlord and Tenant Act;... 6. criminal activity by a tenant, any member of the tenant's household, a guest or another person under the tenant's control: a. that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents (including the property management staff residing on the premises); b. or that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises;... 10. if the Landlord determines that the tenant, any member of the tenant's household, a guest or another person under the tenant's control has engaged in the criminal activity, regardless of whether the tenant, any member of the tenant's household, a guest or another person under the tenant's control has been arrested or convicted for such activity. d. The Landlord may terminate this Agreement for other good cause, which includes, but is not limited to, the tenant's refusal to accept change to this agreement.... The term material noncompliance with the lease includes: (1) one or more substantial violations of the lease; (2)repeated minor violations of the lease that(a) disrupt the livability of the housing development; (b) adversely affect the health or safety of any person or the right of any tenant to the quiet enjoyment to the leased premises and related housing development facilities; (c) interfere with the management of the housing development;... 3 6. On or about August 30, 2012, Defendant was the perpetrator in a physical assault which occurred on apartment complex grounds. During the course of the assault, Defendant used a weapon to cut the victim's eyelid. 7. Due to Defendant's acts and actions on August 30, 2012, police activity occurred on the apartment complex grounds, disturbing other tenants' right to the quiet enjoyment of the premises. 8. As a result of Defendant's acts and action on August 30, 2012, the victim of Defendant's physical assault incurred serious bodily injuries which threatened her health and safety. 9. As a result of Defendant's physical attack against the victim, which attack occurred on the apartment complex grounds, Defendant was arrested and charged with aggravated assault with serious bodily injury,harassment by physical contact, aggravated assault with a weapon, and simple assault with physical contact. COUNT 1 —IN EJECTMENT 10. Plaintiff incorporates the allegations of Paragraphs 1 through 9 of the Complaint as if more fully set forth herein. 11. The Plaintiff's agent, Keith Tyson, after a review of the Defendant's total tenant history,reached a decision to terminate the Defendant's Lease Agreement and/or not renew the Defendant's Lease Agreement for the following reasons: 4 a. Defendant's involvement in a physical assault of another person, which assault caused the victim injury and which assault occurred on apartment complex grounds, which acts and actions are in violations of Paragraphs 13; 13(b); 13(c); 13(e); 14; 23(c); 23(c)(1); 23(c)(2); 23(c)(6)(a) and(b); 23(c)(10); 23(d); 23(d)(1); 23(d)(2)(a), (b), and (c) of the Lease Agreement, and the rules and regulations of the apartment complex, all of which represents acts of material non-compliance as defined in Paragraph 23(c) and(d) of the Lease Agreement, Paragraph 8-13 of HUD Transmittal 4350.3, REV-1, and the Fair Housing Act of 1937 as amended; and is a violation of the Pennsylvania Landlord and Tenant Act. 12. 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 that they do not violate the implied warranty of habitability owed by the Plaintiff to the Defendant. 13. On November 6, 2012,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 and 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 Plaintiffs Exhibit "P-2". 5 14. On November 19, 2012,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 HUD Rules and Regulations and the Pennsylvania Landlord and Tenant Act. A true and correct copy of the Notice to Quit is attached hereto, made part hereof and is incorporated herein by reference as Plaintiffs Exhibit "P-3". 15. The Defendant, although requested to do so by the Plaintiff, has refused to surrender 2209-E Cedar Run Drive Extended, Camp Hill, Cumberland County, Pennsylvania,to the Plaintiff and has since the time she received the Final Notice to Quit, continues to remain in possession of said apartment. 16. Defendant's involvement in a physical assault on apartment complex grounds, which assault involved the Defendant's use of a weapon and resulted in the bodily injury of the victim and fellow tenant, is an act of physical violence, which supports good cause for Plaintiff to seek the forfeiture and termination of the Lease Agreement. WHEREFORE, Plaintiff demands entry of judgment against the Defendant 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 and Tenant Act and HUD Regulations; and Plaintiff further demands it be granted possession of 2209-E Cedar Cliff Drive Extended, Camp Hill, Cumberland County, Pennsylvania, together with costs and interest. COUNT II—IN ASSUMPSIT 17. Plaintiff incorporates by reference the allegations set forth in Paragraphs 1 through 16 of the Complaint as if more fully set forth herein. 6 18. During the course of this litigation, rent may accrue which Defendant may, or may not pay to Plaintiff. 19. During the course of this litigation,physical damage may be incurred to the apartment unit which Defendant may, or may not pay,to the Plaintiff. WHEREFORE, Plaintiff demands judgment in favor of the Plaintiff and against Defendant in the amount of costs and interest together with any rent, late fees and damages that may be incurred and accrued from the date Defendant should have been paying rent to the conclusion of litigation together with cost and interest. Respectfully submitted, CUNN CHERNICOFF, P.C. Dated: � �� /,3 By: Jo unningham, Esquire I.D. #23 f44 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 F:\Home\AHEWTTT\ROCS\O-P\ORCHARD\McNeill,Sonya\COMPLAINT draft 1 052813.wpd 7 i VERIFICATION I verify that the statements contained in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904,relating to unsworn falsification to authorities. Keith'I'ys n, S e Manager Dated: - -2/3 t f Exhibit P- 1 , e UMB Approval 2502-0204 (Exp 03/31/2014) MODEL LEASE FOR SUBSIDIZED PROGRAMS 1. Parties and Dwelling Unit: The parties to this Agreement are Orchard Apartments Associates referred to as the Landlord,and Sonya McNeill referred to as the Tenant.The Landlord leases to the Tenant(s)unit number 2209E ,located at 2204 Cedar Run Drive Camp Hill, Pa 17011 in the project known as Orchard Apartments 2. Length of Time(Term):The initial term of this Agreement shall begin on 03.01.2012 and end on 03'31'2012 After the initial term ends,the Agreement will continue for successive terms of one month to month each unless automatically terminated as permitted by paragraph 23 of this Agreement. 3. Rent:The Tenant agrees to pay$ n/a for the partial month ending on n1a .After that Tenant agrees to pay a rent of$81.00 per month.This amount is due on the f rst (1 SO day of the month at Orchard Apartments Rental Office 2204 Cedar Run Drive, Camp Hill, Pa 17011 The Tenant understands that this monthly rent is less than the market(unsubsidized)rent due on this unit. This lower rent is available either because the mortgage on this project is subsidized by the Department of Housing and Urban Development(HUD) and/or because HUD makes monthly payments to the Landlord on behalf of the Tenant. The amount,if any,that HUD makes available monthly on behalf of the Tenant is called the tenant assistance payment and is shown on the"Assistance Payment"line of the Owner's Certification of Compliance with HUD's Tenant Eligibility and Rent Procedures form which is Attachment No. I to this Agreement. 4. Chances in the Tenant's Share of the Rent:The Tenant agrees that the amount of rent the Tenant pays and/or the amount of assistance that HUD pays on behalf of the Tenant may be changed during the term of this Agreement if: a. HUD or the Contract Administrator(such as a Public Housing Agency)determines,in accordance with HUD procedures,that an increase in rents is needed; b. HUD or the Contract Administrator changes any allowance for utilities or services considered in computing the Tenant's share of therent c. the income,the number of persons in the Tenant's household or other factors7considered in calculating the Tenant's rent change and HUD procedures provide that the Tenant's rent or assistance payment be adjusted to reflect the change; d. changes in the Tenant's rent or assistance payment are required by HUD's recertification or subsidy termination procedures; e. HUD's procedures for computing the Tenant's assistance payment or rent change;or f. the Tenant fails to provide information on his/her income,family composition or other factors as required by the Landlord. The Landlord agrees to implement changes in the Tenants rent or tenant assistance payment only in accordance with the time frames and administrative procedures set forth in HUD's handbooks,instructions and regulations related to administration of multifamily subsidy programs.The Landlord agrees to give the Tenant at least 30 days advance written notice of any increase in the Tenant's rent except as noted in paragraphs 11, 15 or 17.The Notice will state the new amount the Tenant is required to pay, the date the new amount is effective,and the reasons for the change in rent.The Notice will also advise the Tenant that he/she may meet with the Landlord to discuss the rent change. 5. Charges for Late Payments and Returned Checks:If the Tenant does not pay the full amount of the rent shown in paragraph 3 by the end of the 5th day of the month,the Landlord may Collect a fee of$5 on the 6th day of the month.Thereafter,the Landlord may collect$1 for each additional day the rent remains unpaid during the month it is due. The Landlord may not terminate this Agreement for failure to pay late charges,but may terminate this Agreement for non- payment of rent,as explained in paragraph 23.The Landlord may collect a fee of$see addendum on the second or any Page t of 8 Corm FfLJD-90105-a 7ati3 12/2007 J OMB Approval 2502.0204 (Exp 03/3112014) additional time a check is not honored for payment(bounces).The charges discussed in this paragraph are in addition to the regular monthly rent payable by the Tenant. 6. Condition of Dwelling Unit: By signing this Agreement,the Tenant acknowledges that the unit is safe,clean and in good condition.The Tenant agrees that all Appliances and equipment in the unit are in good working order,except as described on the Unit Inspection Report,which is Attachment No.2 to this Agreement.The Tenant also agrees that the Landlord has made no promises to decorate,alter,repair or improve the unit,except as listed on the Unit Inspection Report. 7. Charges for Utilities and Services:The following charts describe how the cost of utilities and services related to occupancy of the unit will be paid.The Tenant agrees that these charts accurately describe the utilities and services paid by the Landlord and those paid by the Tenant. a. The Tenant must pay for the utilities in column(1).Payments should be made directly to the appropriate utility company.The items in column(2)are included in the Tenant's rent. `Put"xft ty ntly Elttltry Type of Uttlttg r f llut drt"t"by`any utility. 3`enatt4'n diM, tf =:-°7#° , : ',ItSCltldtt in n,twit Rent? X Heat X Lights,Electric X Cooking Water X Other—Specify Sewer x Trash Removal x b. The Tenant agrees to pay the Landlord the amount shown in column(3)on the date the rent is due.The Landlord certifies that HUD had authorized him/her to collect the type of charges shown in column(3)and that the amounts shown in column(3)do not exceed the amounts authorized by BUD. '" ✓ 4 Sliow,Arpourtt Ttn;iint Pq ys to i 6dl-rid Ir1.A ditiOtt 4'l ni Parking $ Other(Specify) $ 8. Security Deposits:The Tenant has deposited$ 178.00 with the Landlord.The Landlord will hold this security deposit for the period the Tenant occupies the unit.After the Tenant has moved from the unit,the Landlord will determine whether the Tenant is eligible for a refund of any or all of the security deposit.The amount of the refund will be-determined in accordance with the following conditions and procedures. ai Page 2 of 8 Form 1-IUD-90105-a - 12/2007 UA1D Approval 2502-0204 (Gxp 03/31/2014) a. The Tenant will be eligible for a refund of the security Deposit only if the Tenant provided the Landlord with the 30-day written notice of intent to move required by paragraph 23,unless the Tenant was unable to give the notice for reasons beyond his/her control. b. After the Tenant has moved from the unit,the Landlord will inspect the unit and complete another Unit Inspection Report. The Landlord will permit the Tenant to participate in the inspection,if the Tenant so requests. per State o c. The Landlord will refund to the Tenant the amount of the security deposit plus interest computed at beginning In 2 years ,less any amount needed to pay the cost of: (1) unpaid rent; (2) damages that are not due to normal wear and tear and are not listed on the Unit Inspection Report; (3) charges for late payment of rent and returned checks,as described in paragraph 5;and (4) charges for unreturned keys,as described in paragraph 9. d. The Landlord agrees to refund the amount computed in paragraph 8c within 30 (Thirty) days after the Tenant has permanently moved out of the unit,returned possession of the unit to the Landlord,and given his/her new address to the Landlord.The Landlord will also give the Tenant a written list of charges that were subtracted from the deposit.If the Tenant disagrees with the Landlord concerning the amounts deducted and asks to meet with the Landlord,the Landlord agrees to meet with the Tenant and informally discuss the disputed charges. e. If the unit is rented by more than one person,the Tenants agree that they will work out the details of dividing any refund among themselves.The Landlord may pay the refund to any Tenant identified in Paragraph I of this Agreement. f The Tenant understands that the Landlord will not count the Security Deposit towards the last month's rent or towards repair charges owed by the Tenant in accordance with paragraph 11. 9. Keys and Locks:The Tenant agrees not to install additional or different locks or gates on any doors or windows of the unit without the written permission of the Landlord.If the Landlord approves the Tenant's request to install such locks,the Tenant agrees to provide the Landlord with a key for each lock.When this Agreement ends,the Tenant agrees to return all keys to the dwelling unit to the Landlord.The Landlord may charge the Tenant$ 5.00 for each key not returned. 10. Maintenance: a. The Landlord agrees to: (1) regularly clean all common areas of the project; (2) maintain the common areas and facilities in a safe condition; (3) arrange for collectiost and removal of trash and garbage; (4) maintain all equipment and appliances in safe and working order; (5) make necessary repairs with reasonable promptness; (6) maintain exterior lighting in good working order: (7) provide extermination services,as necessary;and (8) maintain grounds and shrubs. b. The Tenant agrees to: (1) keep the unit clean; (2) use all appliances,fixtures and equipment in a safe manner and only for the purposes for which they are intended; (3) not litter the grounds or common areas of the project; (4) not destroy,deface,damage or remove any part of the unit,common areas,or project grounds; (5) give the Landlord prompt notice of any defects in the plumbing,fixtures,appliances,heating and cooling equipment or any other part of the unit or related facilities;and (6) remove garbage and other waste from the unit in a clean and safe manner. 11. Damaees:Whenever damage is caused by carelessness,misuse,or neglect on the part of the Tenant,his/her family or visitors,the Tenant agrees to pay: a. the cost of all repairs and do so within 30 days after receipt of the Landlord's demand for the repair charges;and Page 3 of 8 Form HUD-90105-a raYJJ 12/2007 UNIB Approval 2502-0204 (Exp 03/31/2014) b. rent for the period the unit is damaged whether or not the unit is habitable.The Tenant understands that HUD will not make assistance payments for any period in which the unit is not habitable.For any such period,the Tenant agrees to pay the HUD- approved market rent rather than the"tenant rent shown in paragraph 3 of this agreement. 12. Restrictions on Alterations:No alteration,addition,or improvements shall be made in or to the premises without the prior consent of the Landlord in writing.The Landlord agrees to provide reasonable accommodation to an otherwise eligible tenant's disability,including making changes to rules,policies,or procedures,and making and paying for structural alterations to a unit or common areas.The Landlord is not required to provide accommodations that constitute a fundamental alteration to the Landlord's program or which would pose a substantial financial and administrative hardship.See the regulations at 24 CFR Part 8.In addition,if a requested structural modification does pose a substantial financial and administrative hardship,the Landlord must then allow the tenant to make and pay for the modification in accordance with the Fair Housing Act. 13. General Restrictions:The Tenant must live in the unit and the unit must be the Tenant's only place of residence.The Tenant shall use the premises only as a private dwelling for himself/herself and the individuals listed on the Owner's Certification of Compliance with HUD's Tenant Eligibility and Rent Procedures,Attachment 1. The Tenant agrees to permit other individuals to reside in the unit only after obtaining the prior written approval of the Landlord.The Tenant agrees not to: a. sublet or assign the unit,or any part of the unit; b. use the unit for unlawful purposes; c. engage in or permit unlawful activities in the unit,in the common areas or on the project grounds; d. have pets or animals of any kind in the unit without the prior written permission of the Landlord,but the landlord will allow the tenant to keep an animal needed as a reasonable accommodation to the tenant's disability,and will allow animals to accompany visitors with disabilities who need such animals as an accommodation to their disabilities;or e. make or permit noises or acts that will disturb the rights or comfort of neighbors.The Tenant agrees to keep the volume of any radio,phonograph,television or musical instrument at a level,which will not disturb the neighbors. 14. Rules: The Tenant agrees to obey the House Rules,which are Attachment No.3 to this Agreement.The tenant agrees to obey additional rules established after the effective date of this Agreement if- a. the rules are reasonably related to the safety,care and cleanliness of the building and the safety,comfort and convenience of the Tenants;and b. the Tenant receives written notice of the proposed rule at least 30 days before the rule is enforced. 15. Regularly Scheduled Recertifrcations:Every year around the (1 st)First day of November the Landlord will request the Tenant to report the income and composition of the Tenant's household and to supply any other information required by HUD for the purposes of determining the"tenant's rent and assistance gayment,if any.The Tenant agrees to provide accurate statements of this information and to do so by the date specified in the Landlord's request.The landlord will verify the information supplied by the Tenant and use the verified information to re-compute the amount of the Tenant's rent and assistance payment,if any. a. If the Tenant does not submit the required recertification information by the date specified in the Landlord's request,the Landlord may impose the following penalties.The Landlord may implement these penalties only in accordance with the administrative procedures and time frames specified in HUD's regulations,handbooks and instructions related to the administration of multifamily subsidy programs. (1) Require the Tenant to pay the higher,HUD-approved market rent for the unit. (2) Implement any increase in rent resulting from the recertification processing without providing the 30-day notice otherwise required by paragraph 4 of this Agreement. b. The Tenant may request to meet with the Landlord to discuss any change in rent or assistance payment resulting from the recertification processing.If the Tenant requests such a meeting,the Landlord agrees to meet with the Tenant and discuss how the Tenant's rent and assistance payment,if any,were computed. 16. Reporting Changes Between Regularly Scheduled Recertifications: a. If any of the following changes occur,the Tenant agrees to advise the Landlord immediately. (1) Any household member moves out of the unit. (2) An adult member of the household who was reported as unemployed on the most recent certification or recertification obtains employment. Page 4 of 8 Form 1iUD-90105-a �� 12/2007 OMB Approval 2502-0204 (Exp 03/31/2014) (3) The household's income cumulatively increases by$200 or more a month. b. 'The Tenant may report any decrease in income or any change in other factors considered in calculating the Tenant's rent. Unless the Landlord has confirmation that the decrease in income or change in other factors will last less than one month,the Landlord will verify the information and make the appropriate rent reduction.However,if the T'enant's income will be partially or fully restored within two months,the Landlord may delay the certification process until the new income is known, but the rent reduction will be retroactive and the Landlord may not evict the Tenant for nonpayment of rent due during the period of the reported decrease and the completion of the certification process.The Tenant has thirty days after receiving written notice of any rent due for the above described time period to pay or the Landlord can evict for nonpayment of rent. (Revised 3/22/89) c. If the Tenant does not advise the Landlord of these interim changes,the Landlord may increase the Tenant's rent to the HUD- approved market rent.The Landlord may do so only in accordance with the time frames and administrative procedures set forth in HUD's regulations,handbooks and instructions on the administration of multifamily subsidy programs. d. The Tenant may request to meet with the Landlord to discuss how any change in income or other factors affected his/her rent or assistance payment,if any.If the Tenant requests such a meeting,the Landlord agrees to meet with the Tenant and explain how the Tenant's rent or assistance payment,if any,was computed. 17. Removal of Subsidy: a. The Tenant understands that assistance made available on his/her behalf may be terminated if events in either items I or 2 below occur.Termination of assistance means that the Landlord may make the assistance available to another Tenant and the Tenant's rent will be re-computed.In addition,if the Tenant's assistance is terminated because of criterion(1)below,the Tenant will be required to pay the HUD-approved market rent for the unit. (l) The Tenant does not provide the Landlord with the information or reports required by paragraph 15 or 16 within 10 calendar days after receipt of the Landlord's notice of intent to terminate the Tenant's assistance payment. (2) The amount the Tenant would be required to pay towards rent and utilities under HUD rules and regulations equals the Family Gross Rent shown on Attachment 1. b. The Landlord agrees to give the Tenant written notice of the proposed termination.The notice will advise the Tenant that, during the ten calendar days following the date of the notice,he/she may request to meet with the Landlord to discuss the proposed termination of assistance.If the Tenant requests a discussion of the proposed termination,the Landlord agrees to meet with the'renant. c. Termination of assistance shall not affect the Tenant's other rights under this Agreement,including the right to occupy the unit.Assistance may subsequently be reinstated if the Tenant submits the income or other data required by HUD procedures, the Landlord determines the Tenant is eligible for assistance,and assistance is available. 18. Tenant Oblieation To Reaay:If the tenant submits false information on any application,certification or request for interim adjustment or does not report interim changes in,family income or other factors as required by paragraph 16 of this Agreement, and as a result,is charged a rent less than the amount required by HUD's rent formulas,the Tenant agrees to reimburse the Landlord for the difference between the rent he/she should have paid and the rent he/she was charged.The Tenant is not required to reimburse the Landlord for undercharges caused solely by the Landlord's failure to follow HUD's procedures for computing rent or assistance payments. 1.9. Size of Dwelling:The Tenant understands that HUD requires the Landlord to assign units in accordance with the Landlord's written occupancy standards.These standards include consideration of unit size,relationship of family members,age and sex of family members and family preference. If the Tenant is or becomes eligible for a different size unit,and the required size unit becomes available,the Tenant agrees to: a. move within 30 days after the Landlord notifies him/lier that unit of the required size is available within the project;or b. remain in the same unit and pay the HUD-approved market rent. 20. Access by Landlord:The Landlord agrees to enter the unit only during reasonable hours,to provide reasonable advance notice of his/her intent to enter the unit,and to enter the unit only after receiving the Tenant's consent to do so,except when urgency situations make such notices impossible or except under paragraph(c)below. a. The Tenant consents in advance to the following entries into the unit: (i) The tenant agrees to permit the Landlord,his/her agents or other persons,when authorized by the Landlord,to enter the unit for the purpose of making reasonable repairs and periodic inspections. (ii) After the Tenant has given a notice of intent to move,the Tenant agrees to permit the Landlord to show the unit to prospective tenants during reasonable hours. s i Page 5 of 8 Form HUD-90105-a unnn 12/2007 OMB Approval 2502-0204 (Exp 03/31/2014) b. If the Tenant moves before this Agreement ends,the Landlord may enter the unit to decorate,remodel,alter or otherwise prepare the unit for re-occupancy. 21. Discrimination Prohibited:The Landlord agrees not to discriminate based upon race,color,religion,creed,National origin,sex, age,familial status,and disability. 22. Chanee in Rental Agreement:The Landlord may,with the prior approval of HUD,change the terms and conditions of this Agreement.Any changes will become effective only at the end of the initial term or a successive term.The Landlord must notify 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 60 days before the proposed effective date of the change.The Tenant may accept the changed terms and conditions 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 conditions by giving the Landlord written notice that he/she intends to terminate the tenancy.The Tenant must give such notice at least 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 terminate this Agreement,the Tenant must give the Landlord 30-days written notice before moving from the unit. b. Any termination of this Agreement by the Landlord must be carried out in accordance with HUD regulations,State and local law,and the terms of this Agreement. c. The Landlord may terminate this Agreement for the following reasons: (1) the Tenant's material noncompliance with the terms of this Agreement; (2) the Tenant's material failure to carry out obligations under any State Landlord and Tenant Act; (3) drug related criminal activity engaged in on or near the premises,by any tenant,household member,or guest,and any such activity engaged in on the premises by any other person under the tenant's control; (4) determination made by the Landlord that a household member is illegally using a drug; (5) determination made by the Landlord that a pattern of illegal use of a drug interferes with the health,safety,or right to peaceful enjoyment of the premises by other residents; (6) criminal activity by a tenant,any member of the tenant's household,a guest or another person under the tenant's control: (a) that threatens the health,safety,or right to peaceful enjoyment of the premises by other residents(including property management staff residing on the premises); (b) or that threatens the health,safety,or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises; (7) if the tenant is fleeing to avoid prosecution,or custody or confinement after conviction,for a crime,or attempt to commit a crime,that is a felony under the laws of the place from which the individual flees or that in the case of the State of New Jersey is a high misdemeanor; (8) if the tenant is violating a condition of probation or parole under Federal or State law; (9) determination made by the Landlord that a household member's abuse or pattern of abuse of alcohol threatens the health, safety,or right to peaceful enjoyment of the premises by other residents; (10) if the Landlord determines that the tenant,any member of the tenant's household,a guest or another person under the tenant's control has engaged in the criminal activity,regardless of whether the tenant,any member of the tenant's household,a guest or another person under the tenant's control has been arrested or convicted for such activity. d. The Landlord may terminate this Agreement for other good cause,which includes,but is not limited to,the tenant's refusal to accept change to this agreement.Terminations for"other good cause"may only be effective as of the end of any initial or successive term. The term material noncompliance with the lease includes:(1)one or more substantial violations of the lease;(2)repeated minor violations of the lease that(a)disrupt the livability of the project;(b)adversely affect the health or safety of any person or the right of any tenant to the quiet enjoyment to the leased premises and related project facilities,(c)interfere with the management of the project,or(d)have an adverse financial effect on the project(3)failure of the tenant to timely supply all required information on the income and composition,or eligibility factors,of the tenant household(including,but not limited to,failure to meet the disclosure and verification requirements for Social Security Numbers,or failure to sign and submit consent forms for the obtaining of wage and claim information from State Wage Information Collection Agencies),and(4) Non-payment of rent or any other financial obligation due under the lease beyond any grace period permitted under State law. The payment of rent or any other financial obligation due under the lease after the due date but within the grace period permitted under State law constitutes a minor violation. IF Page 6 of 8 Form HUD-90105-a 12/2007 UMB Approval 2502-0204 (Exp 03/31/2014) e. if the Landlord proposes to terminate this Agreement,the Landlord agrees to give the Tenant written notice and the grounds for the proposed termination.If the Landlord is terminating this agreement for"other good cause,"the termination notice must be mailed to the Tenant and hand-delivered to the dwelling unit in the manner required by HUD at least 30 days before the date the Tenant will be required to move from the unit and in accordance with State law requirements.Notices of proposed termination for other reasons must be given in accordance with any time frames set forth in State and local law.Any HUD- required notice period may run concurrently with any notice period required by State or local law.All termination notices must: • specify the date this Agreement will be terminated; • state the grounds for termination with enough detail for the Tenant to prepare a defense; • advise the Tenant that he/she has 10 days within which to discuss the proposed termination of tenancy with the Landlord. The 10-day period will begin on the earlier of the date the notice was hand-delivered to the unit or the day after the date the notice is mailed.If the Tenant requests the meeting,the Landlord agrees to discuss the proposed termination with the Tenant; • and advise the Tenant of his/her right to defend the action in court. f. If an eviction is initiated,the Landlord agrees to rely only upon those grounds cited in the termination notice required by paragraph e. 24. Hazards:The Tenant shall not undertake,or permit his/her family or guests to undertake,any hazardous acts or do anything that will increase the project's insurance premiums.Such action constitutes a material non-compliance.If the unit is damaged by fire, wind,or rain to the extent that the unit cannot be lived in and the damage is not caused or made worse by the Tenant,the Tenant will be responsible for rent only up to the date of the destruction.Additional rent will not accrue until the unit has been repaired to a livable condition. 25. Penalties for Submitting False Information:Knowingly giving the Landlord false information regarding income or other factors considered in determining Tenant's eligibility and rent is a material noncompliance with the lease subject to termination of tenancy.In addition,the Tenant could become subject to penalties available under Federal law.Those penalties include fines up to $10,000 and imprisonment for up to five years. 26. Contents of this Agreement:This Agreement and its Attachments make up the entire agreement between the Landlord and the Tenant regarding the unit.If any Court declares a particular provision of this Agreement to be invalid or illegal,all other terms of this Agreement will remain in effect and both the Landlord and the Tenant will continue to be bound by them. 27. Attachments to the Agreement:The Tenant certifies that he/she has received a copy of this Agreement and the following Attachments to this Agreement and understands that these Attachments are part of this Agreement. a. Attachment No.I—Owner's Certification of Compliance with HUD's Tenant Eligibility and Rent Procedures,form HUD- 50059 b. Attachment No.2-Unit Inspection Report. c. Attachment No.3-House Rules(if any). d Attachment No. 4 - Late Fees e. Attachment No. 5 - Violence Against Women Act f. 9- h. 28. Tenants' rights to organize:Landlord agrees to allow tenant and tenant organizers to conduct on the property the activities related to the establishment or operation of a tenant organization set out in accordance with HUD requirements. is Page 7 of 8 Form I-IUD-90105-a 12/2007 OMB Approval 2502-0204 (Exp 03/31/2014) 29. Tenant Income Verification:The Tenant must promptly provide the Landlord with any letter or other notice by HUD to a member of the family that provides information concerning the amount or verification of family income in accordance with HUD requirements. 30. The lease agreement will terminate automatically,if the Section 8 Housing Assistance contract terminates for any reason. 31. Sienatures: TENANT BY: Date Signed 2. /_/_ Date Signed 3. _/_/_ Date Signed LA LORD BY: Date Signed Public reporting burden—HUD is not requesting approval of any burden hours for the model leases since use of leases are a standard business practice in the housing rental industry. This information is required to obtain benefits. The request and required supporting documentation are sent to HUD or the Contract Administrator(CA)for approval. The lease is a contract between the owner of the project and the tenant(s)that explains the terms for residing in the unit. Leases area standard business practice in the housing rental industry. Owners are required to use the HUD model lease which includes terms normally covered by leases used in the housing rental industry plus terms required by HUD for the program under which the project was built and/or the program providing rental assistance to the tenants. This information is authorized by 24 CFR 5.360, 236.750,880.606,883.70/,884.215,886. 127,891.425,891.625 and 891.765 cover lease requirements and provisions. This information is considered non-sensitive and does not require any special protection. Page 8 of 8 Form HUD-90105-a yK y am 12/2007 U AMENDMENT TO MODEL LEASE FOR SUBSIDIZED PROGRAMS 1. Parties: The parties to this Addendum are Orchard Apartment Associates referred to as the Landlord,and Sonya McNeill referred to as the Tenant. The Landlord and Tenant have entered into an Agreement for the Tenant to rent and occupy the premises located at 2209E Cedar Run Drive, Camp Hill, Pa 17011 in the housing development known as Orchard Apartments ("Agreement"). 2. Change to the Agreement: The Landlord and Tenant agree that the following change made to the Agreement shall be binding on both parties during the entire term of the Agreement and any extensions to the Agreement as if they had been included in original Agreement: (a) Paragraph 5 is deleted in its entirety and replaced with the following: 5. Charges for Late Payments and Returned Checks: If the Tenant does not pay the full amount of rent shown in Paragraph 3 by the end of the 5th day of the month, the Landlord may collect a late charge of 5%of tenant's rent on the 6`h day of the month,not to exceed thirty dollars ($30.00), as referenced in the Resident Handbook, which is an attachment and a part of this Agreement. The Landlord may not terminate this Agreement for failure to pay late charges, but may terminate this Agreement for non-payment of rent, as explained in Paragraph 23. The Landlord may collect a fee of twenty dollars($20.00)on the second or any additional time a check is not honored for payment (bounces) in accordance with provisions of the Resident Handbook, which is an attachment and a part of this Agreement. Additionally, on the second or any additional time a check is not honored for payment (bounces) the Landlord may require rent to be paid by either certified check or money order. The charges discussed in this paragraph are in addition to the regular monthly rent payable by the Tenant. Signatures: d12N4 �� Tenant ate LaAdlord Dat Tenant Date Tenant Date Page I of 1 IR-086-DE(03/09) OMB Approval No.2502-0204 LEASE ADDENDUM VIOLENCE AGAINST WOMEN AND JUSTICE DEPARTMF,NT REAUTHORIZATION.ACT OF 2005 TENANT Sonya McNeill LANDLORD Orchard Apartments Associates UNIT NO.&ADDRESS 2209E This lease addendum adds the following paragraphs to the Lease between the above referenced Tenant and Landlord. Purpose of the Addendum The lease for the above referenced unit is being amended to include the provisions of the Violence Against Women and Justice Department Reauthorization Act of 2005(VAWA). Conflicts with Other Provisions of the Lease In case of any conflict between the provisions of this Addendum and other sections of the Lease,the provisions of this Addendum shal I prevail. Term of the Lease Addendum The effective date of this Lease Addendum is 03.0 1 .20 12 This Lease Addendum shall continue to be in effect until the Lease is terminated. VAWA Protections 1. The Landlord may not consider incidents of domestic violence,dating violence or stalking as serious or repeated violations of the lease or other"good cause"for termination of assistance,tenancy or occupancy rights of the victim of abuse. 2. The Landlord may not consider criminal activity directly relating to abuse,engaged in by a member of a tenant's household or any guest or other person under the tenant's control,cause for termination of assistance,tenancy,or occupancy rights if the tenant or an immediate member of the tenant's family is the victim or threatened victim of that abuse. 3. The Landlord may request in writing that the victim,or a family member on the victim's behalf, certify that the individual is a victim of abuse and that the Certification of Domestic Violence,Dating Violence or Stalking,Form MUD-91066,or other documentation as noted on the certification form, be completed and submitted within 14 business days,or an agreed upon extension date,to receive protection under the VAWA. Failure to provide the certification or other supporting documentation within the specified timeframe may result in eviction. Tenal t Date La dlord Date IR 086-V(2/2011) Form HIJD-91067 (09/2008) HUD REQUIRED ADDITIONAL LEASE PROVISION (State Agency Subsidized Unit) The following additional lease provisions are incorporated in full into the Lease dated 03.01.2012 between Orchard Apartments Associates (Landlord) and Sonya McNeill (Tenant) for the following dwelling unit: 2209E Cedar Run Drive,Camp Hill,Pa 17011 In case of any conflict between these and any other provisions of the lease, these provisions will prevail. The total rent will be$ 948.00 per month. Of the total rent: $867.00 will be payable by PHFA(Pennsylvania Housing Finance Agency) (Agency) as assistance on behalf of the Tenant, and $ 81.00 will be payable by the Tenant. These amounts will be subject to change by reason of changes in the Tenant's family income, family composition, or extent of exceptional medical or other unusual expenses, in accordance with HUD established schedules and criteria; or by reasons of changes in program rules. Any such change will be effective as of the date stated in a notification to the Tenant. The Landlord will not discriminate against the tenant in the provision of services, or in any other manner, on the grounds of race,color,creed, religion, sex, or national origin. • A violation of the Tenant's responsibilities under the Section 8 program, as determined by the Agency, is also violation of the lease. Landlor enant: By: Date: �o Date: 11—Q—40 IR-736 (08/2006) RECERTIFICATION ADDENDUM TO LEASE AGREEMENT DATE: 12/06/2011 RENT ADJUSTMENT RESULTING FROM RECERTIFICATION PROCESSING: On the basis of our recent review of your income and family composition, your rent has been adjusted to $ 81.00 This new rent is effective with the rent due for the month of March 2012 This notification amends the Paragraph of your lease agreement which sets forth the amount of rent you pay each month. Attached, for your records, is a copy of the Form HUD-50059, Certification and Recertification of Resident Eligibility. You should substitute this Form HUD-50059 in place of the Form HUD-50059 previously attached to your lease. This Form shows you the income we used to calculate your new rent and the amount of rental assistance, if any, that HUD pays monthly on your behalf. RESIDENT LANDLORD #1R-11.8 (03/2011) Exhibit P-2 t PROPOSER NOTICE TO OUIT TO: Sonya McNeill 2209-E Cedar Run Drive Extended Camp Hill,PA 17011 DAM—November-0,2012 YOU ARE HEREBY NOTIFIED that as of this date,'the Lease Agreement is being considered for termination because you have committed substantial and minor violation(s)of the lease agreement,applicable 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 is defined in the Lease Agreement. The substantial and/or minor violation(s)of the Lease Agreement are as follows: l. On or about August 30,2012,you were involved in the assault of Lacey Ridge. As a result of the assault,the Lower Allen Police Department, responded to 2207 Cedar Run Drive,Camp Hill,Pennsylvania. Upon arrival on site,the victim of the assault reported that you had physically assaulted her on the property of Orchard Apartments and cut her eye lid with an unknown but sharp weapoii. The responding officer observed Ms.Ridge covering her left eye and a large amount of blood.running.down her face. The incident is in violation of Faragraph(s) 13(b); 13(c);23(c)(1);23(c)(2); 23(c);23(c)(6)(a) and (b); 23(c)(10)and 23(d)(1)and(2)of the Lease Agreement,the Crime Free/Drug Free Addendum,the Illegal Drug Addendum,and the rules and regulations of the apartment complex, all of which.represents an act of material non-compliance as defined in Paragraph 23(d)of the Lease Agreement,Paragraph 8-13,of HUD Tmnsmitta14350.3,REV-1,and the Fair Housing Act of 1937 as amended;and is a violation of the Pennsylvania.landlord and Tenant Act,68 P.S. 250.505A(a)(3). 2. On August 30,2012,you were involved in a physical assault,which assault took place on apartment complex grounds and resulted in the physical injury of the victim. The incident is in violation.of Paragraph(s) 13(c); 13(e); 14;23(e)(1);and 13(d)(2)(a),(b),and (e)of the Lease Agreement,aind the rules and regulations of the apartment complex,all of which represents an act�ofmaterial non-compliance as defined in Paragraph 23(d)of the Lease Agreement,Paragraph 8-13 of HUD Transmittal 4350.3,REV-1,and the Fair Housing Act of 1937 as amended;and is a violation of the Pennsylvania Landlord and Tenant Act 68 P.S. 250.505A(a)(3). 1 r f The Department of Housing and Urban Development Regulations provide that you have ten(.10)days within which to discuss this Proposed Notice with the landlord. You may discuss this Proposed Notice by telephoning the of#ice,visiting the of ccC or by writing a letter. if you suffer from a disability which affects your ability to communicate, you have the right to a reasonable accommodation to allow you to participate in the hearing process. ORCHARD APARTMENTS Keith.Tyson, Site Manag Served this 6th day of Novembor 2012 A"YTENC1ON:Si vd no entiende esta noti.cia por favor venga ha mi offencina y se to expiicare. 3 AFFIDAVIT OF SERVICE 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 day of 20 ;or x By posting the Proposed Notice to Quit on the tenant's front door on the 6th„—dity`of November ,2012 . (Method of service employed evidenced by checked box.) 1 understand that false statements herein are made subject to the penalties of 18.Pa. C.S.A. §4904,relating to unsworn falsification to autborities. Exhibit P- 3 �r FINAL NOTICE TO QUIT TO: Sonya McNeill 2209-E Cedar Run Drive Extended Camp Hill,PA 17011 DATE: November 2012 YOU ARE HEREBY NOTIFIE,p that as of this date,the Lease Agreement is being terminated because you have committed substantial and minor violation(s)of the lease agreement,applicable 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 is defined in the Lease Agreement. The substantial and/or minor violation(s)of the Lease Agreement are as follows: 1. On or about August 30,2012,you were involved in the assault of Lacey Ridge. As a result of the assault,the Lower Allen Police Department, responded to 2207 Cedar Run Drive,Camp Hill,Pennsylvania. Upon arrival on site,the victim of the assault reported that you had physically assaulted her on the property of Orchard Apartments and cut her eye lid with an unknown but sharp weapon. The responding officer observed Ms.Ridge covering her left eye and a large amount of blood running down her face. The incident is in violation of Paragraph(s)13(b); 13(c);23(c)(1);23(c)(2);23(c); 23(c)(6)(a) and(b);23(c)(10)and 23(d)(1)and(2)of the Lease Agreement,the Crime Free/Dtug Free Addendum,the Illegal Drug Addendum,and the rules and regulations of the apartment complex„ all of which represents an act of material non-compliance as defined it}Paragraph 23(d)of the Lease Agreement,Paragraph 8-13 of HUD Transmittal 4350.3,REV-1,and the Fair Housing Act of 1937 as amended;and is a violation of the Pennsylvania Landlord and Tenant Act,68 P.S. 250.505A(a)(3). 2. On August 30,2012,you were involved in a physical assault,which assault took place on apartment complex grounds and resulted In the physical injury of the victim. The incident is in violation of Paragraph(s) 13(c); 13(e); 14;23(c)(1);and 23(d)(2)(a),(b),and (c)of the Lease Agreement,and the rules and regulations of the apartment complex,,-all:of which represents an act of material non-compliance as defined in Paragraph 23(d)of the ease Agreement,Paragraph 8-13 of HUD Transmittal 4350.3,REV-1,and the Fair Housing Act of 1937 as amended;and is a violation of the Pennsylvania Landlord and Tenant Act 68 P.S. 250.505A(a)(3). i 3. On August 30,2012,due to your acts and actions,police activity took place on apartment complex grounds,disrupting other tenants'right to the quiet enjoyment of the premises. The incident is in violation of Paragraph(s) 13(c); 13(e); 14;23(e)(1); and 23(d)(2)(3),(b),and (c)of the Lease Agreement,and the rules and regulations of the apartment complex,all of which represents an act of material non-compliance as defined in Paragraph 23(d)of the Lease Agreement,Paragraph 8-13 of HUD Transmittal 4350.3, REV-1,and the Fair Housing Act of 1937 as amended;and is a violation of the Pennsylvania Landlord and Tenant Act,68 P.S. 250.505A(a)(3). 4. As a result of your physical attack on Orchard Apartments'property against Lacey Ridge of the August 30,2012 assault,you were arrested and charged with aggravated assault with serious bodily Injury,harassment by physical contact,aggravated assault with a weapon,and simple assault with physical contact. The incident is in violation of Paragraph(s) 13(c); 13(e); 14; 23(c)(1); and 23(d)(2)(a),(b),and (e)of the Lease Agreement,and the rules and regulations of the apartment complex,all of which represents an act of material non-compliance as defined in Paragraph 23(d)of the Cease Agreement, Paragraph 8-13 of HUD Transmittal 4350.3,REV-1,and the Fair Housing Act of 1937 as amended;and is a violation of the Pennsylvania Landlord and Tenant Act,68 P.S. 250.505A(a)(3). As a result of the above acts and actioq, the landlord is of the opinion that you have breached the conditions of the Lease Agreement,rules and regulations of the apartment complex, and applicable HUD regulations, and have forfeited your right to continue possession of your apartment unit. THEREFORE,YOU ARE HEREBY NOTIFIED to remove from and deliver possession of, the leased unit you now occupy at the above address within thirty(30)days from the date of service of this Notice,but in no event later than.December 31,2011. In the event you remain in possession of the leased unit beyond December 31,2011,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 initiating a judicial action as required by HUD Transmittal 4350.3,REV-1,Paragraph 4-21. 2 Al If you fail to heed this Notice,and you 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 the termination of the Lease Agreement,I shall be required to initiate a judicial action as required by HUD Transmittal 4350.3, REV-1, Paragraph 8-13. If a judicial proceeding for an eviction is instituted,you may at that time present a defense. ORCHARD APARTMENTS By: Keith Tyso Site Mana Served this 16th day of November .2012 ATTENCION: Si vd no entiende esta noticia por favor venga ha mi offencina y se to explicate. F:\Homa1AHEWrrrOOCS%O•P10RCHARU McNcill.SonyaWotice to Quit Final 110312.wpd 3 AFFIDAVIT OF SERVICE The undersigned does hereby verify that he/she served this Final Notice to Quit by one of the two methods set forth below: Personally handing the Final Notice to Quit to thg mutt or ap answering the door at the tenant's apartment on the y_( day of 2012;or By posting the Final Notice to Quit on the tenant's front door on the day of November .2012. (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 unswom falsification to authorities. CERTIFICATE OF SERVICE I do hereby state that on th day of May 2013, 1 served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Jaime M. Haley, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Angela L. Hewitt Legal Assistant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION Orchard Apartments, Plaintiff, Docket No. 13-2514 Civil Vs. Sonya McNeill,, Appeal from MDJ Defendant ' Mco ... To: Jordan Daniel Cunningham,Esq. Orchard Apartments .>(Z� a Date of Notice: May 30, 2013 . IMPORTANT NOTICE Pursuant to Pa.R.C.P.No.237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 1741.3 1-800-990-9198 MID ENN LEGAL SERVICES Mn 30, 2013 Date Jaime M. Haley, Esq. Attorney for Defendant 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 ext. 2513 ORCHARD ASSOCIATES, IN THE COURT OF COMMON PLEAS OF t/d/b/a Orchard Apartments CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 13-2514 C= -a= VS. cvr ire � M-- —� SONYA MCNEILL CIVIL ACTION- LAW (,or— Defendant r—= a(--) Appeal from Magisterial District JudAec -0 Landlord/Tenant Judgment c _. ? , DEFENDANT'S ANSWER TO THE PLAINTIFF'S COMPLAINT -< r* And now, comes the Defendant,by and through her attorney, Jaime M. Haley Esq., and MidPenn Legal Services and files this Answer.to Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted. 3. Defendant has no independent knowledge if the Plaintiff has been the legal owner of the land where Defendant resides. 4. Admitted. By way of further answer, Defendant has resided at 2209 Cedar Run Drive for approximately six years with a renewal of the lease each year. The HUD renewal, attached as "exhibit A"was signed and dated May 21, 2013. 5. Admitted. 6. Denied. Defendant denies being the perpetrator of a physical assault. Additionally, the Defendant denies using any weapons. Defendant attempted to extricate herself form a possibly violent situation. Defendant, who was pregnant at the time, acted in self-defense when another Orchard Apartments tenant became angry and physically confronted her. Plaintiff has not taken steps to evict the other tenant involved in the alleged incident. Therefore, Plaintiffs rules are not being uniformly and fairly enforced. 7. Admitted in part and denied in Part. Defendant admits to police activity occurring on the complex grounds. Defendant has no independent knowledge as to if the tenant's right to quiet enjoyment was disturbed. Furthermore, Defendant denies that the police activity occurred solely as the result of Defendant's actions. 8. Admitted in part and denied in part. Defendant admits to acting in self-defense when physically confronted by her neighbor. Defendant denies having committed a physical assault. Defendant has no knowledge of any serious bodily injuries suffered- by the alleged victim, nor of any threat to the health and safety of the alleged victim. 9. Admitted in part and denied in part. Defendant admits to being arrested and charged with aggravated assault, harassment by physical contact, aggravated assault with a weapon, and simple assault with physical contact. Defendant denies "attacking"the alleged victim. The lease rules are not being consistently enforced and fairly applied where Plaintiff only filed for an eviction against the Defendant and not the other Orchard Apartments tenant involved in the alleged altercation. COUNT I—IN EJECTMENT 10. No response required. 11. Admitted 12. Denied. Defendant believes that there have been serious violations of the implied warranty of habitability. Defendant and her two children suffer from asthma, and Defendant has complained to Plaintiff multiple times with regard to mold in the kitchen and bathroom. Defendant has also complained to the Plaintiff about vents in her unit which need replacement filters. 13. Admitted. 14. Admitted. 15. Admitted. 16. Denied. Defendant denies being the perpetrator of an assault, the use of a weapon, and that the alleged acts support good cause for Plaintiff to seek forfeiture and termination of the Lease. WHEREFORE, Defendant-respectfully requests that this Honorable Court enter judgment in favor of Defendant and against Plaintiff. COUNT II—1N ASSUMPSIT 17. No response required. 18. Admitted in part and Denied in part. Defendant's rental payments are have been, and will continue to be paid in a timely fashion into the Prothonotary's escrow account 19. Denied. Strict proof demanded. WHEREFORE, Defendant Respectfully requests that this Honorable Court enter judgment in favor of Defendant and against Plaintiff Respectfully submitted, � Z-0 (� �- aime M. Haley, Esquire MidPenn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 ext. 2513 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of perjury of 18_Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: Sonya McNeIll, Defendant Ownees Certification of Compliance U. S. Department of Housing NOT for submission to the Federal Government with HUD's Tenant Eligibility And Urban Development Landlord's Official Record of Certification and Rent Procedures Office of Housing OMB Approval Number 2502-0204 Co Pro) Unit TN Date Time Federal Housing Commissioner 80 3600 0905 04 1122113 11:47:03 (Exp.03/31/2014) Read this before you complete and sign this form HUD-50059a Public Reporting Burden. The reporting burden for this collection of information is estimated to average 55 minutes per response, including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(2502- 0204),Washington,DC 20503. The information is being collected by HUD to determine an applicant's eligiblity,the recommended unit size,and the amount the tenant(s)must pay toward rent and utilities. HUD uses this information to assist in managing certain HUD properties,to protect the Government's financial interest,and to verify the accuracy of the information furnished. HUD or a Public Housing Authority(PHA)may conduct a computer match to verify the information you provide. This information may be released in accordance with HUD's Computer Matching Agreement(CMA)between the Social Security Administration and the Department of Health and Human Services. You must provide all of the information requested,including the Social Security Numbers(SSNs),unless exempted by 24 CFR 5.216,you,and all other household members have and use. Giving the SSNs of all household members,unless exempted by 24 CFR 5.216,is mandatory;not providing the SSNs will affect your eligibility approval. Failure to provide any information may result in a delay or rejection of your eligibility approval. Privacy Act Statement. The Department of Housing and Urban Development(HUD)is authorized to collect this information by the U.S. Housing Act of 1937,as amended(42 U.S.C. 1437 et.seq.);the Housing and Urban-Rural Recovery Act of 1983(P.L 98-181);the Housing and Community Development Technical Amendments of 1984(P.L.98-479);and by the Housing and Community Development Act of 1987(42 U.S.C.3543). Owner's Certification-I certify that this Tenant's eligibility,rent and assistance payments have been computed in accordance with HUD's regulations and administrative procedures and that all required verifications were obatined. Warning to Owners and Tenants. By signing this form,you are indicating that you have read the above Privacy Act Statement and are agreeing with the applicable Certification. False Claim Statement Warning;U.S.Code,Title 31,Section 3729,False Claims,provides a civil penalty of not less than$5,000 and not more than$10,000,plus 3 times the amount of damages for any person who knowingly presents,or causes to be presented,a false or fraudulent claim;or who knowingly makes,or caused to be used,a false record or statement;or conspires to defraud the Government by getting a false or fraudulent claim allowed or paid. . .. ..... 1.Name of Project 2.Project Number 3.Subsidy Type 4.Contract Number 5,Transaction Type ORCHARD APARTMENTS R1036 II(Section 8) PA26HO84108 GR 6.Head of Household(Last,First,Initial) 7.Unit Number 8.No.of Bedrooms 9.effective Date MCNEILL SONYA C 2209E 2 4 06101/13 10.Head to Code(SSN) 11.Head Birth Date 12.Building to 13.Anticipated Voucher Date 208-64-4675 6/26/1984 07/01/13 .......... ...... .. .... . ..I.. I X,................. 14. Move Out Code 18. Prev. Unit No.(UT's only) 15. Date of Death of Sole Member 19.Contract Rent 26-0 20. Utility Allowance 100 21.Gross Rent 1,060 4,�ment 191 .Tenant Rent 3.Tenant Rent u urse rsement 16. Termination Code 25.Assistance Payment 869 17. Description 26.Security Deposit 178 Head ovousehold Da ant Dat,_.::.1::.:::.::/ 1 ?!�-2,1-/ I- e5a&u M-Agi& liz�" Pre Ve of this form are 6Wolete Page I of I _NI form HUD-50 A{0312 1) HB 4360.3 Rev I E Y-4A t b t-T ORCHARD ASSOCIATES, IN THE COURT OF COMMON PLEAS OF t/d/b/a Orchard Apartments CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 13-2514 VS. : SONYA MCNEILL CIVIL ACTION- LAW Defendant Appeal from Magisterial District Judge Landlord/Tenant Judgment CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the foregoing Defendant's Answer to Plaintiff's Complaint was served this day by U.S. First Class Mail, postage prepaid, upon the following: Jordan D. Cunningham, Esquire 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Date: aime M. Haley, Esquire Attorney for the Defendant MidPenn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 ext. 2513 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Orchard Associates, t/d/b/a Orchard Apartments . Plaintiff : No. 13-2514 CIVIL TERM VS "7° w • rri cry c ) w ., Sonya McNeill • ` 't,.. .. Defendant • RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially it j following form: c- w —. -Z THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Jordan D. Cunningham , counsel for the plaintiff/defendant in the above action(or actions),respectfully represents that: 1. The above-captioned action(or actions)is(are)at issue. 2. The claim of plaintiff in the action is$ i7�srrs 64A.,),4,7., The counterclaim of the defendant in the action is The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: Jaime M. Haley, Esquire WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to whom the case shall be submitted. 4-$5?) f a. y • pe ul submitted ear-5-.4.033 ORDER OF COURT AND NOW, , 20 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action(or actions)as prayed for. By the Court, KEVIN A. HESS,P.J. CERTIFICATE OF SERVICE I do hereby state that on the day of December 2013, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Jaime M. Haley, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Angela L. Hewitt Legal Assistant y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Orchard Associates, t/d/b/a Orchard Apartments Plaintiff No. 13-2514 CIVIL TERM VS d\, g Sonya McNeill • �= - to�` Defendant • RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially it following form: D :--• THE PETITION FOR APPOINTMENT OF ARBITRATORS -< `.a TO THE HONORABLE,THE JUDGES OF SAID COURT: Jordan D. Cunningham , counsel for the plaintiff/defendant in the above action(or actions),respectfully represents that: 1. The above-captioned action(or actions)is(are)at issue. 2. The claim of plaintiff in the action is$ t�c s ss;� -t 64 Au>4..6 47— • The counterclaim of the defendant in the action is The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: Jaime M. Haley, Esquire WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to a whom the case shall be submitted. (93-13-6 ` Qlry ' = pe ul submitted C(tAw�.a(k�lW ORDER OF COURT /2-1k4--1F9 cy AND NOW, t421 /) // , 20/3 , in consideration of the foregoing petition, 7e,detA Esq.,and ,_ it Esq., and Qbfen14J ) 74j yn t_ 2.C /� Esq., are appointed arbitrators in the above captioned action(or actions)as prayed for. By the Cou <'�KL'►'� 1yson , KEVIN A. SS,P.J. �4 'n.r ?fa' i_L-; w= 1pie / c,la la/f112 0_ . • CERTIFICATE OF SERVICE I do hereby state that on the day of December 2013, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Jaime M. Haley, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 // Angela L. Hewitt Legal Assistant 7c%arcJ 4affle125 In the Court of Common Pleas of Cumberland ��' �e/Vey// Plaintiff c 5orya County, Pennsylvania No. /3 - 25/ I/ Defendant Civil Action—Law. Oath We do solemnly swear(or affirm)that we will support, obey and defend the Constitution of the United States a e e on ' utike c •mmonwealth and th.t we will discharge the duties of• r office with fidelity. // . e. golw Signature ,i_-'e ture Signature A'cdland E. &nne/I 11 ueena /Sawn eacti Ioup 1as . Lovelace, T. Name(Chairman) Name Name ea/l, /11urrerJ a &ahe// kr d �a.�huch e 6 20of la, (. Level a«, �. Law Firm Law'irm Law Firm 2305 /11a1'&i' c9. 1035 Mumma 41. $ e. 261 3( geneya/ a Address Address Address amp '/l /4 /70// Alarm 1e€'shur4 /JAI 17 13 41.14/6, /.4 /70/3 rty, Zip City, l Zip ity, Zip Award We,the undersigned arbitrators, having been duly appointed and sworn (or affirmed),make the following award: (Note: If damages for delay are awarded,they shall be separately stated.) Avard 4r ,la/n?i4' 4ar P1eciineni .Arbitrator, dissents. (Insert name if applicable.) ,3 Date of Hearing: 0?5 oZ o/q dew, r l / Date of Award: ,//,./5/A0/4 dP, r. , r (C airman) j Notice of Entry of ,. and Now,the y G‘ day of , 20/�V , at /h-',5? , A .M., the above award was entered upon the docket an n�e thereof given by mail to the parties or P g Y p o their attorneys. Arbitrators' compensation to be paid upon appeal: $ 'z//�-S"V iii .ri■ 1l By' VIP' Prothonotary Deputy P Y APT -LI Mitu• I A n COU nEw.isvpitAtil A a-eked S AtepalS" `374rie I/AV/4/ pa,fr/1 1 ;e3 fl'61 FL i_O-;F- ICS (JE THE: PROTHONOTARY 20114 MAY -$ AN 9 38. CUMBERLAND COUNTY PENNSYLVANIA JORDAN D. CUNNINGHAM, ESQUIRE PA I.D. No. 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAIL: JCUNNINGHAM@CCLAW PC. COM ORCHARD ASSOCIATES, t/d/b/a ORCHARD APARTMENTS, Plaintiff v. SONYA MCNEILL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 13-2514 CIVIL ACTION -LAW Appeal from Magisterial District Judge Landlord/Tenant Judgment PRAECIPE TO ENTER JUDGMENT ON COMPULSORY ARBITRATION AWARD TO THE PROTHONOTARY: Enter judgment on the Award of Arbitrators filed in the above captioned matter on April 4, 2014, the time for appeal having expired, in favor of the Plaintiff, Orchard Associates t/d/b/a Orchard Apartments, and against the Defendant, Sonya McNeill, in the action in Ejectment as follows: 1. Possession of the real property known and numbered as 2209-E Cedar Cliff Drive Extended, Camp Hill, Lower Allen Township Cumberland County, Pennsylvania; and 2. Costs (Magisterial District Court filing fee and filing fee for Petition of Arbitration) in the amount of $151.00. /6„s -D 14/* 30.5-S W Dated: 51 Possession granted and Damages accessed in the amount of $ — By: By: Respectfully submitted, CUNN t1 : & CHERNICOFF, P.C. id. /II . Cunningham, Esquire .D. 23144 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 Prothonotary Date: '1W FAHome\AHEWMADOCS\O-P\ORCHARD\McNeill, Sonya\PRAECIPE enter arb award 050614. CERTIFICATE OF SERVICE I do hereby state that on the day of May 2014, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Jaime M. Haley, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Ang a L. Legal Assistant OF THE PROTHONO TAR' 2814 SAY 13 PH I : 30 CUMBERLAND COUNTY PENNSYLVANIA JORDAN D. CUNNINGHAM, ESQUIRE PA I.D. No. 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAIL:JCUNNINGHAM(&,,CCLAWPC.COM ORCHARD ASSOCIATES, t/d/b/a ORCHARD APARTMENTS, 2204 Cedar Run Drive Extended Camp Hill, Pennsylvania Plaintiff . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, • PENNSYLVANIA v. NO. 13-2514 SONYA MCNEILL, 2209-E Cedar Run Drive Extended Camp Hill, Pennsylvania Defendant CIVIL ACTION -LAW Appeal from Magisterial District Judge Landlord/Tenant Judgment PRAECIPE FOR ISSUANCE OF WRIT OF POSSESSION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Issue a Writ of Possession upon the judgment in ejectment entered in favor of Plaintiff, Orchard Associates t/d/b/a Orchard Apartments against the Defendant, Sonya McNeill, in the above captioned action, with regard to the real property known and numbered as 2209-E Cedar Run Drive Extended, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania. A copy of the Praecipe to enter the Award of the Arbitrators as a Judgment in Ejectment is attached hereto, made part hereof, is incorporated herein by reference and marked Exhibit "P-1". Sb p 1974 16 , sb 13 5-0 7ol kJ ...2S- .Pve Co c 52607 #3c'co Date: By. Respectfully submitted, CUNNINGHAu :. HERNICOFF, P.C. J,. < anti unningham, Esquire I.D. #23144 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) F:\Home\AHEWITT\DOCS\O-P\ORCHARD\McNeill, Sonya\PRAECIPE & WRIT possession 050614.wpd 2 CERTIFICATE OF SERVICE I do hereby state that on the / ✓ day of May 2014, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Jaime M. Haley, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Angela L. Hewitt Legal Assistant lof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORCHARD ASSOCIATES, t/d/b/a ORCHARD APARTMENTS 2204 Cedar Run Drive Extended Camp Hill, Pennsylvania 17011 VS. No. 2013-2514 Civil Term SONYA MCNEILL 2209-E Cedar Run Drive Extended Camp Hill, Pennsylvania 17011 Costs Attorney's Plaintiff's Prothonotary $ 73.50 $ 2.25 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) ORCHARD ASSOCIATES, t/d/b/a ORCHARD APARTMENTS being: (Premises as follows): 2209-E Cedar Run Drive Extended Camp Hill, Pennsylvania 17011 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. Date 5/13/14 - (Seal) David D. Buell, Prothonotary, Common Pleas Court of Cumberland County, PA 2 of 2 No 13-2514 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORCHARD ASSOCIATES, tkl/b/a ORCHARD APARTMENTS SONYA MCNEILL VS. WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Ate y $ 73.50 Plff (s)$ Prothy $ 2.25 Sheriff Plaintiff (s) attorney name and address: Jordan D. Cunningham, Esquire 2320 North Second Street P. 0. Box 60457 Harrisburg, PA 17106-0457 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of , • I caused the within named , to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of So Answers, By Sheriff Prothonotary Deputy ,,,.0-O7 j L ��t.. THE Pt 3 (HONG r» r, /011114/01 13 PM 1: 30 CUMBERLAND COUNTY PENNSYLVANIA JORDAN D. CUNNINGHAM, ESQUIRE PA I.D. No. 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAIL: JCUNNINGHAM@CCLAWPC. COM ORCHARD ASSOCIATES, t/d/b/a ORCHARD APARTMENTS, Plaintiff v. SONYA MCNEILL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 13-2514 CIVIL ACTION -LAW Appeal from Magisterial District Judge Landlord/Tenant Judgment AMENDED PRAECIPE TO ENTER JUDGMENT ON COMPULSORY ARBITRATION AWARD TO THE PROTHONOTARY: Enter judgment on the Award of Arbitrators filed in the above captioned matter on April 4, 2014, the time for appeal having expired, in favor of the Plaintiff, Orchard Associates t/d/b/a Orchard Apartments, and against the Defendant, Sonya McNeill, in the action in Ejectment as follows: 1. Possession of the real property known and numbered as 2209-E Cedar Run Drive Extended, Camp Hill, Lower Allen Township Cumberland County, Pennsylvania; and 2. Costs (Magisterial District Court filing fee and filing fee for Petition of Arbitration) in the amount of $151.00. Dated: Possession granted and Damages accessed in the amount of$ By: Respectfully submitted, CUNNIN '/ CHERNICOFF, P.C. Jor an D. Cunningham, Esquire I.D. #23144 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 F:\Home\AHEWITT\DOCS\O-P\ORCHARD\McNeill, Sonya\AMENDED PRAECIPE enter arb award 050914.wpd CERTIFICATE OF SERVICE I do hereby state that on the /3 day of May 2014, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Jaime M. Haley, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Angela L. Hewitt Legal Assistant Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 0FF10E OF fl 5H RIFF THE PROTHONOTARY 2614NAY2I PH 3::I4 CUMBERLAND COUNTY PENNSYLVANIA Orchard Associates t/d/b/a Orchard Apartments vs. Sonya Chanell MCNeill Case Number 2013-2514 05/20/2014 05/21/2014 SHERIFF'S RETURN OF SERVICE Service Withdrawn by Attorney and Returned by the Sheriffs Office. Defendant voluntarily vacated the premises. Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of possession is returned STAYED, per request from plaintiffs attorney. SHERIFF COST: $31.35 SO ANSWERS, May 21, 2014 (c) CountySuite Sheriff, Tcieosoft, inc. RONR ANDERSON, SHERIFF �•oZ�rGj. �C�• . 30 • /7' fJF 1I ° f� fey 1O11 SEP 24 J RD�A�TI /cuNNn' GHAM, ESQUIRE 4 ) r PA I.D. No. 23144 C(/�i8 CUNNI dVI1& CHERNICOFF, P.C. E�� 320 NORTH SECOND STREET p�h/�� �'� Vq NI� 1� �IARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAIL:JCUNNINGHAM@CCLAWPC.COM CCLAWPC.COM ORCHARD ASSOCIATES, IN THE COURT OF COMMON PLEAS t/d/b/a ORCHARD APARTMENTS, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. SONYA MCNEILL, Defendant NO. 13-2514 CIVIL ACTION -LAW Appeal from Magisterial District Judge • ▪ Landlord/Tenant Judgment MOTION TO RETURN RENT ESCROW 1. The Plaintiff, Orchard Associates t/d/b/a Orchard Apartments, is a Pennsylvania limited partnership which is registered with the Department of State and has a principal office located at 2204 Cedar Run Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant, Sonya McNeill, is an adult individual whose last known address was 2204 Cedar Run Drive, Apartment 2209 E, Camp Hill, Cumberland County, Pennsylvania. 3. On March 25, 2014, an Arbitration was held in this matter at which times the Board of Arbitrators found in favor of the Plaintiff and against the Defendant for ejectment. 1 4. The Arbitrators entered an award based upon the settlement reached between the parties and directed the parties to reduce their settlement agreement to writing to be signed by all parties and filed with the Prothonotary. 5. On April 2, 2014, Notice of the Entry of Award was filed by the Prothonotary. 6. No appeal was filed by the Defendant. 7. On or about May 5, 2014, Defendant voluntarily surrendered possession of the apartment unit known and numbered as 2204 Cedar Run Drive, Apartment 2209 E, Camp Hill, Cumberland County, Pennsylvania to Plaintiff. 8. Plaintiff resumed possession and control of the unit. 9. To date, Defendant has deposited a total of $1,094.00 with the Prothonotary. WHEREFORE, Plaintiff, in accordance with Pa. R.C.P.M.D.J. No. 1008B, respectfully prays that this Honorable Court direct the Prothonotary to distribute to the Plaintiff all the rent deposits made by Defendants and in the possession of the Prothonotary. Date: B Respectfully submitted, & CHERNICOFF, P.C. . Cunningham, Esquire #23144 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) CERTIF CATE OF SERVICE c I do hereby state that on the , day of September 2014, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Jaime M. Haley, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 e a L. Hewi Legal Assistant