HomeMy WebLinkAbout04-6074COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 0 4 - (P J 7
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
NAME OF APPELLANT MAG. DIST. NO. NAME OF D.J.
ADDRESS OF APPELLANT CITY STATE ZIP CODE
DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)'
DOCKET No. SIGNA URE OF APPELLANT OR ATTORNEY OR AGENT
4
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see P . R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee. -o zo
PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. ((q 41., ? p ?1 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of ?ppllantor attorney or agent
RULE: 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 MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: 20 4JL+/
- - - -- - - Signature o rothonotary O?p
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF O SERVICE OF NOTICE OF APPEAL AND RUDE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DA}'S AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on
(date of service) . 20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) or
20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF 20
Signature ofaffiant
Signature of official before whom affidavit was made
Title of official
fumy commission expires on '20
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71 f;X C7
P-1 f. c r1i Q
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AOPC 312A - 02
VERONICA WHITNEY
Appellant
V.
FREEHOLD ENTERPRISES, C/O
STERLING PROP. MGMT. INC.,
Appellee
IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
:No. 04- ?o* CIVIL TERM
LANDLORD/TENANT
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow Veronica Whitney, Appellant, to proceed in forma pauperis.
I, Geoffrey M. Biringer, attorney for the party proceeding in forma pauperis,
certify that I believe the party is unable to pay the costs and that I am providing free
legal services to the party.
MIDPENN LEGAL SERVICES
BY:
Geoffrey M. Biringer, Attorney for Appellant
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No.:
09-2-01
DJ Name: Hon.
PAULA P. CORREAL
Address: 1 COURTHOUSE SQUARE
CARLISLE, PA
Telephone: (717 ) 240 6564 17013-0000
ATTORNEY FOR PLAINTIFF
GEOFFREY M BIRINGER
8 IRVINE RON
MIDPEN LEGAL SERVICES
CARLISLE, PA 17013.
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: RESIDENTIAL LEASE
NAME and ADDRESS
(WHITNEY, VERONICA 7
165 W NORTH ST
CARLISLE, PA 17013
L J
115.
DEFENDANT: NAME and ADDRESS
rFREEHOLD ENTERPRISES
21 S PITT ST APT/STE 1
C/O STERLING PROP MGMT
LCARLISLE, PA 17013 J
Docket No.: LT-0000350-04
Date Filed: 10/05/04
CROSS COMPLAINT 001
THIS IS TO NOTIFY YOU THAT:
Judgment, FOR, D1F7W.,< NT
7'J6dgment was entered for: rrie) FR')?3HOLD EITERPtI$ES _
-? Judgment was entered against WHITNEY, VERONICA in a
I X l Landlord/Tenant action in the amount of $ .00 on 11/08/04 (Date of Judgment)
The amount of rent per month, as establis hed by the District Justice, is $ .00.
The total amount of the Security Deposit is $ .00
Total Amount Established by DJ Less • Security Deposit Ap lid
00 -
Nu = Adjudicated Amou t
_
80
Rent in Arrears $ $
• $ .
Physical Damages Leasehold Property $ . 00 - $ .00 = $ .00
Damages/Unjust Detention $ - 00 -$ .00 - $. -00
Less Amt Due Defendant from Cross Complaint - $ .00
Interest (if provided by lease) $ -00
LIT Judgment Amount ?$ -00,
Y' Attachment Prohibited/ Judgment Costs $ .00
42 Pa.C.S. § 8127 Attorney Fees $ -00
? This case dismissed without prejudice. Total Judgment $ .00
? Possession granted. Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
Possession granted if money judgment is not satlstied by time of eviction.
Possession not granted. ? Defendants are jointly and severally liable.
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 COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. +
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT(TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 DISTRICT JUSTICE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED4JIX TkIJE JUDGMENT MAY FILE
rt':3EQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT D 1`6F I rY? ip FPLL, SETTLES,
;R OTHERWISE COMPLIES WITH THE JUDGMENT.
_ ?_ „?? 4,'tµ s k A l11-08-04 Date 1 .err ', District Justice
I certify that this is a true and cor py 0th d o e proceed) orf dWing the judgment.,'
11-08-04 Date .4'1•i? ?fi?-,,it? District J60ce
1,Mycommission expires first Monday of January, 2006. SEAL fJj
AO C 315A-03
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS N?"? - C? J'7`?
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
NAME OF APPELLANT MAG. DIST. NO. NAME OF D.J.
V?115-0,4111014 Gc%?5°?i,+t/'>E? 493p-12- D/ ,00f91, 4 P. GD,0,0' te.,4L.
DATE OF JUDGMENT ? IN THE CASE OF (Plaintiff)
L[?7 U !/?rQ U.N L
/-T, D0' o. 3,SD !)Y
e?6tdiZ A4- ow,
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
Sgnafure of Prothonotary or De ,
It appellant was Claimant (see P2. R.G.P.U.J. No. 1001(6) in action
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon e' -
d,/r appellee(s), to file a ,pomplaint in this appeal
r-Name of appellee(s)
(Common Pleas No. 0 "T - l? ? ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
?'Vrxlo 4jIX4 '(' Lle) Signature of ppellant or attorney or agent
RULE: appellee(s)
Name of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in `this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: 20
- - - Signature rothonotaqy -
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE
Postal
` s
ERTIFIED MAIL RECEIPT Ni
-(Domestic Mail Only; No Insurance Coverage Provided-;
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T-1 rlJ Postage $ r
ru Certified Fee '30
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Endorsement Required) (?
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sti ct i Doi i;ry Fe C3 Restricted Delivery Fee j?
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N N ' JO- £.E d) APPEAL AND RULE TO FILE COMPLAINT
3a BFI ct' rf ": ?. 7 `9 DA YS AVER filing of the native of appeal. Check applicable boxes.}
)MV ONVILA1,
XW rY OF /"
.R:
=FIL' AtlfT; ''ved '
a Cr Tirr«)n Peas Nci. upon the District Justice designated therein on
(dai E] by personal service !YJ by (certified) (OW?r@el) mail,
Seri ^d upon the appellee, (name)A/ ?A ' on
by personal service [-"6y (certified) (31@& Wd) mail,
sen,, Esc
(SWOF,N) (AFPIRMEC; a s , l• .?
THIS DAY ` 20 _
Signature of afttant
Siglrat,ere' ofoffieial before wi.,.? «r.`?i=9?rvit inas rn<SCJe 0
iC7 M [?
t•k"f
7?`tie of of l ?ci3f
1
My Corr mission expires, to 120
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C_ C'>
I, Geoffrey M. Biringer, verify that the statements made in th w
Proof of Service are true and correct. I understand that false
statements herein are made subject to the penalties of 18 PA.
C.S. Section 4904 relating to unsworn falsification to
authorles.
AOPC 312A -tit
VERONICA WHITNEY
Plaintiff
Vs.
FREEHOLD ENTERPRISES,C/O
STERLING PROP. MGMT.,INC.
Defendant
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LANDLORD/TENANT
:CIVIL TERM 04- 60"
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 A 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
2 LIBERTY AVENUE
CARLISLE, PA
(717) 249-3166
r
STERLING PROPERTY MANAGEMENT, Inc.
21 S. Pitt Street Suite # 1
CARLISLE, PA 17013
(717)258-5800
RESIDENTIAL LEASE AGREEMENT
Revised 11/2001
/Z\ 17
Today's Date: " 5 / ?_ / 163
Landlord:
Tenant(s): ]\1 1 Lk W.? I
Property or Premises: 1US ? Qk - 1, (QRT_H I l_ Q 1 1SLE I A 1 1
This lease is a legal binding document Both the landlord and tenant(s) are responsible for
following the terms spelled out in this lease. If you do not understand anything written in this
lease, please consult a attorney's opinion before signing it
Pennsylvania Law requires real estate brokers and salespersons (licenses) to advise consumers
of the business relationships permitted by the Real Estate Licensing and Registration Act
The Tenant(s) acknowledge receipt of said Consumer Notice as adopted by the State Real
Estate Commission at 49 Pa. Code Subsection 35.366
Initials X
1) LENGTH OF THE LEASE: This lease is j l in length and will
begin on NI UEJM e 1.2 ?,and willend at midnight on
This lease will not renew itself. The tenant(s) and landlord must sign a new agreement by the end of this
lease to allow the tenants to continue to live at the above listed property, otherwise the tenant(s) must give a
60 day notice IN WRI NG that they intend on vacating the property. If the tenant(s) remain(s) without
signing a new lease, the`Vental rate for the holdover period will be the actual rental rate plus 25% monthly.
All other conditions of the lease will remain in effect including the required 60 day notice to vacate.
2) RENTS DUE: The amount of rent due in monthly installments is SIX-
El EIVJ? _ TD j&OVlars O per month for a total of _]3A L_Lt F. ( )
months. The total amount due for the term of the lease is T?uspm z T1WE,-S
d n,l?_l -1 t? j L?l ,Ka-P C dollars ($= 7 j). Tenant(s) agree to pay
the monthly rent before the first day of every month. If the total rent due from all tenants is received
between the first'( l st) day of the month and the fifth (5th) day of the month, a late rent charge of five
percent (5 %) of the monthly rent will be added. This amount equals H 1 K- "TY) L1,192C
dollars ($ 20.1 cN If the. total rent due from all tenants is received after
the fifth of the `
day month, another late rent charge of five percent (5 %) of the?rnontlily rent will be added. .
This amount equals ? 1 i2t'Y DC1 11 5 -4 -75 It o o- dollars 0'790.15 )-If any paymeat.
by check is returned NSF (insufficient fins), a thirty. dollar ($30.00) return check charge will be added
Initials: Date:?
zI- A,(
Page 2
along with any late charges caused by the return check. The landlord will also require the rent along with
any other fees due be paid with certified funds-4`e. money ordei or cashier's check.
All tenants are responsible for payment of the full amount of the"rent. In addition, a notice
demanding either payment of late rent plus any other fees or. moving from the premises may be sent
after the fifth (5*) day for nonpayment of the rent. A court action to remove tenant(s) for
nonpayment of rent may be started on or after the fifteenth (15`x) day. SPECIAL NOTE: If the late
rent, late rent charge, and any funds associated with a check returned for insufficient funds are paid
on or before the fourteenth (14th) day after the rent is due; the Landlord will not take court action to
remove the tenant(s) because of this NSF (insufficient funds) check
3) SECURITY DEPOSIT: Tenant(s) agree to pay the landlord a security deposit of
?tX (-hAm r 7 E1 [EMak 1 dollars ($?p1 O[)) paid by to
be held in a separate escrow account at Commerce Bank. The Account number is 616118363. Tenant(s)
agree and understand that landlord does not pay interest on security deposits. Tenant(s) also agree
and understand that the security deposit may not be used for rent or any other money due to the landlord
including the last month's rent. The landlord will hold the deposit for the following reasons:
• Payment for damages caused by the tenant(s), tenant(s) family, or the tenant(s) visitors.
• Payment of any other sum due to landlord-late fees, court costs, and / or unpaid rent.
Landlord will return the deposit within thirty (30) days of the end of the lease minus any unpaid fees
only after the following occur (this means that the thirty day period does not begin until the following
things occur):
• Tenant(s) leave the property in the original condition in which they found it, allowing for reasonable
wear and tear.
• Tenant(s) remove all personal property.
• Tenant(s) return all keys within 24 hours of vacating the premises-if not done, the locks will be
. replaced and the cost deducted from the deposit.
• Tenant(s) give a forwarding street address including phone number, in writing, to the landlord before
moving out of the premises.
The security deposit return check will be made payable to all persons signing the lease unless previously
agreed upon in writing by both landlord and tenant(s). Again, tenant(s) agree and understand that landlord
does not pay interest on security deposits.
4) NUMBER OF TENANT(S): No more than people will be allowed to live in
the leased property. These people are named as follows:
Any person not listed on this rental agreement will cause the allowed residents to have to pay an additional
one hundred ($100.00) dollars per person per month for each full or partial month the nonresident is
staying at the premises. The payment of this fee does not allow extra tenant(s) to be added to the lease.
5) OCCUPANCY AND POSSESSION: Tenant(s) agree that if the property is not ready for them
to occupy because a previous tenant has not moved out or did extensive damage, the lease stays in effect
and the landlord will not start cbarging ci t:until'the premises is ready for tenant(s) to shove in. Tenant(s)
will not hold the Landlord respoassb7e for aay damages tenant may incur because tenant(s) could not move
in until aRer the lease was 'to "begin:")(ftl pranises is not ready to occu, y,within the first sixty (60) days ,
tenant(s) will.
of the lease, the lease;
-ax the `optics of the tenant(s) may become mill and void. In this case,
have. 'a11 socuritydeposits rafisrsded to`them. If the property is available sad :tenant(s) do not take
Initials: Y • W Date:.ZQ -F-3 .10
. *.
Page 3
possession of the property within one (1) week by paying the full amount of the rent owed for the first
month, it is understood that the tenant(s) have canceled their right to move in and the landlord may keep all
monies paid by tenant(s) in advance. In this case, the tenant(s) must also pay rent for the days the premises
stays empty. The tenant(s) will also be responsible to pay for all reasonable advertising costs and any
reasonable leasing fees incurred to release the property.
Yes No If the landlord is making improvements to the property which do not make the
property unlivable, tenant agrees to allow the landlord access to the property for these improvements and
agree that there will be no reduction in the amount of the rent during thus time.' The improvements that the
landlord intends to make include the following items: '
The landlord agrees that every effort will be made to make these improve rnents. The tenant(s) agree and
understand that the landlord is under no obligation to make these improvements unless they are specifically
agreed to here.
6) TRANSFER OF LEASE (SUBLETTING): Tenant(s) agree not to reassign this lease or sublet
the residence. You will be breaking this agreement if you do so. If you would like to sublease or change
the individuals on the lease, you must contact the landlord, and all decisions about changing the lease are
up to the landlord only.
7) USE AND CARE OF PROPERTY:
(a) LANDLORD AGREES TO THE FOLLOWING: Landlord will keep the property and
common areas in reasonable condition as required by law. Landlord will also keep the property reasonably
free of pest, rodents and insects. This does not apply to single-family dwellings. If continued service is
needed to remove pests rodents and insects because the tenant does not keep the property in a reasonably
clean condition, tenant(s) agrees to pay for the cost to remove the pests, rodents and/or insects.
(b) TENANT(S) AGREE TO THE FOLLOWING: Tenant(s) can only use the property as their
primary place of residence for them and/or their children. Tenant(s) may not use the property as a place of
business without the written permission of the landlord. In addition, tenant(s) cannot use the property for a
fraternity or sorority house without the written consent of the landlord. Tenant(s) may not make any
changes or additions to the.premises without the written permission of the landlord (this includes painting,
changing locks, attaching exterior signs, etc.). Tenant(s) may not damage the physical structure or any
appliance within the property. DO NOT CLEAN REFRIGERATOR 17REEZERS WITH ICE
PICKS!! If damages occur, tenant(s) agree to pay for all damages to any area of the residence or building
made by themselves, their Family, their visitors, and anyone damaging the property. Tenant(s) agree not to
disturb other residents or neighbors of the property. '
8) APPLIANCES: Tenant(s) understand that the appliances are the property of the landlord.
tenant(s) agree that they are not permitted to remove any appliance fiom, the property. If the tenant(s)
removes any appliance, they will be prosecuted to the full extent of the law' ."The following appliances
which are the property of the landlord are vresendv in the vroperty:
APPLIANCE MAKE & MODEL SERIAL NUMBER
Re:fd r
Range
Microwave
Dishwasher
Other
lIIltlalS: u (4 „I ) ` k.." k Date:
Page 4
9) UTILITIES: Landlord and tenant(s) are responsible to pay the following utility bills and
maintenance for the residence as marked with an "x" in the blank:
UTILITY SERVICE LANDLORD ENANT S
Heat to be paid by
Hot water to be paid by
Electricity to be paid by
Gas To be paid by
Water to be paid by
Sewer to be paid by
Trash to be paid by
Cable TV to be paid by
Telephone to be paid by
Snow removal done or paid by
Lawn care done or paid by
Tenant(s) agree to pay all utility bills for which they are responsible WHEN DUE. Landlord has no
responsibility for providing any utilities that are to be paid by the tenant(s). If the tenant(s) are responsible
to provide the heat, the premises must be kept above fifty-five (53) degrees to avoid damages to the
premises. The tenant(s) that are responsible for the heat MAY NOT turn it off for any reason during
the winter months of this lease. The landlord has the right to temporarily stop the service of electricity,
water, or gas in the event of an accident or the need for a repair. Landlord will be responsible for the
general maintenance of all plumbing, electrical, and heating systems and will make all repairs to these
systems. If the repairs are necessary because of . an improper action by the tenant(s), Tenant(s) will be
charged for the repairs and/or replacement of the system(s) the tenant(s) have damaged. Landlord has no
liability for failure to supply heat, air conditioning, hot water, or other services or utilities when it is beyond
his control or during the time the services are being repaired. If the landlord provides and pays for heat,
and windows or doors are found open during the period when the heating system is turned on, the
tenant(s) will be charged fifty dollars ( 550.00 ) per occurrence. If the landlord must take care of the
maintenance (Lawn care or Snow removal) that is identified as the responsibility of the tenant(s),
Tenant(s) agree to pay the landlord or the landlord's maintenance staff at the rate of $32.50 per hour
for the work completed by landlord for the tenant(s). If tenant(s) do not make the landlord aware of
leaks and utility bills that are the landlord's responsibility are higher due to tenant(s) negligence, the
difference in the average usage and the higher bill will be passed on to the tenant(s).
10) RIGHT OF ENTRY: Landlord or anyone allowed by the landlord has the right to enter the
property at reasonable times for the following reasons:
• Inspection of the property,
• Making repairs or alterations,
• Enforcing the lease,
• Showing the property to future tenants or buyers, or
• Verifying that all policies and rules set forth in this lease are being followed.
If you call for service or schedule an appointment with the staff and do not allow for proper access to
make these requested repairs, you will be charged for the service call.
11) DAMAGE BY FIRE OR OTHER CASUALTY: If the property is damaged by fire or other
mishap, the landlord will repair the damages within a reasonable amount of time. Rent will continue unless
the damage makes the property'unlivable. If the property is unlivable for no more than thirty (30) days,
and reasonable living quarters are provided to the tenant(s) by landlord or any charitable organization, their
will be no change to the lease and the tenant(s) will continue to pay rent as agreed. If the properly is
unlivable for more than thirty (30) days, tenant(s) may move out and end the lease after payment of all rent
: 16-
Initials: V. W1 .. `= Date
Page 5
and other charges due up to the date of surrender. If just a portion of the property is unlivable, the
tenant(s) have the right to continue the lease and pay a prorated amount alVeed to by the landlord and
tenant(s) of the monthly rent until the property is repaired. This amount must be agreed to, in writing, by
the landlord and the tenant(s).
12) LEAD PAINT DISCLOSURE: If the property was built before 1978, the following is the Lead
Hazards Disclosure Requirements: The Residential Lead Based Paint Hazard Reduction Act says that any
Landlord of property built before 1978 must give the tenant(s) an EPA pamphlet titled Protect Your
Family From Lead in Your Home. The landlord also must tell the tenant(s) and Broker for landlord what
the Landlord knows about lead based paint and lead-based paint hazards chat are in or on the property
being rented. Landlord must tell the Tenant(s) how the Landlord know that lead-based paint and
lead-based paint hazards are on the property, where the lead-based paint and lead-based paint hazards are,
and the condition of the painted surfaces. Any landlord of a pre-1978 stnicture must also give the tenant
any records and reports that the landlord has or can get about lead-based paint hazards in or around the
property being rented, the common areas, or other dwellings in multi-family housing. The Act does not
apply to housing built in 1978 or later.
Lead Warning Statement Housing built before 1978 may contain lead-based paint. Lead from paint,
paint chips, and dust can pose health hazards if not taken care of properly. Lead exposure is especially
harmful to young children and pregnant women. Before renting pre-1978 housing, Landlords must disclose
the presence of know lead-based paint and lead-based paint hazards in the dwelling. Tenant(s) must also
receive a federally approved pamphlet on lead poisoning prevention.
A. Landlord initial one:
Landlord does not know of any lead-based paint or lead-based pains: hazards (dangers) on the
property. OR
Landlord knows that. there is lead-based paint, or that there are lead-based paint hazards on the
property. Landlord must explain what landlord knows about the lead-base paint and hazards, including
how Landlord learned that it is there, where it is, and the condition of paroled walls, trim and other
surfaces. Landlord must give tenant(s) any other information landlord has about the lead-based paint and
lead-based paint hazards.
B. Landlord initial one:
? < Landlord has no reports or records about lead-based paint or lead-based paint hazards at the
property: OR
Landlord has given tenant(s) all available records, and reports about lead-based paint or lead-based
paint hazards at the property. List records and reports:
C. Tenant(s) initial all that are true:
Tenant(s) received the pamphlet Protect Your Family From Lead in Your Home
X Tenant(s) read the information landlord gave in paragraph (A) and +(B) above.
Tenant(s) received all records and reports that landlord listed in paragraph (B) above.
D. Landlord and tenant(s) certify, by signing this Lease, that the information given is true to the best
of their knowledge.
Initials: Y, (A S _ ' • Date:
Page 6
13) LIEN SUBORDINATION: This lease is subject to any lien placed on any part of the property
managed by the landlord. The tenant(s) rights are subordinate to the lien holder.
14) SALE OF THE PROPERTY: If property is sold, on the date of settlement, landlord will give
tenant(s) in writing:
(a) The{name, address, and phone number of the new landlord.
(b) Where rent is to be paid.
(c) Tenant(s) understand that landlord will have no duties regarding this Lease after the
property has been sold.
(d) Landlord agrees to require any new landlord, as a condition of sale, to take on landlord's
duties under this Lease and to honor them.
15) INSURANCE: Tenant(s) agree to provide their own renter's insurance for protection against loss
and liability. Tenant(s) also agree that the landlord is not liable for property damage or personal injury
occurring in the residence or anywhere on the property. Tenant(s) are not covered by the policy held by
the landlord. The only exception to this rule is when the personal injury is caused by a direct act or
negligence of the landlord.
16) PETS: No pets are allowed on the property even temporarily, unless marked with an "x" in the
"yes" column at the end of this paragraph. Any tenant(s) found with a pet in their residence will be fined
fifty (50) dollars per occurrence. Paying this fee does not allow the pet to be kept in the premises. There
will be a pet addendum added to this lease for all permitted pets.
Pet Addendum yes no
17) WAIVER OF NOTICE TO QUIT: Tenant(s) agree to waive the usual notice to quit and agree
to surrender possession of the premises at the end of the lease. Tenant(s) also specifically waive the right
to a thirty (30) day notice of vacating the premises, and agree that an immediate notice is acceptable; if
any action by the landlord to recover possession of the property is taken due to forfeit, non-payment of rent,
or any other reason for default.
18) BREAKING THE LEASE (default): Tenant(s) have broken the lease if they :
• Fail to pay rent when it is due, or
• Fail to pay the landlord any other fee when it is due, or
• Fail to keep all provisions or regulations spelled out in this lease (paragraph 1-23), or
• Fail to follow the Rules and Regulations listed after the lease agreement, or
• Break any local, state, or federal law while residing at the property.
19) LANDLORD'S REMEDIES: If tenant(s) break the lease, the landlord may:
• End the lease. Landlord will give tenant(s) a twenty four (24) hour written notice of eviction before
starting any legal action.
• Demand payment in full of past due rent, plus any late fees, plus rent due for the rest of the lease or
until such time as the property is re-rented, plus damages, plus filing fees, plus any other fee due to the
Landlord.
• Sue the Tenant(s) for any additional damages, costs, expenses, and attorney's fees.
• Have the courts take any property owned by the Tenant(s) and sell it to recover any unpaid debts owed
to the landlord.
NOTE:- The landlord agrees to make reasonable efforts to reduce any damages by attempting to release the
property.
Initials: ?i Date:
Page 7
20) JOINT AND SEVERAL LIABILITY: Tenant(s) agree and wlderstand that by signing this
lease agreement, each and every tenant is equally and fully responsible to follow each and every provision
and regulation in this lease. Also, the landlord may selectively and inconsistently enforce any part of or the
entire lease against any tenant individually or against any combination of tenants together.
21) NON-WAIVER OF REMEDIES: Tenant(s) agree that if landlord accepts rent or any other
charges after they are dde, or if landlord does not insist on strict enforcement of any other terms of this
lease, this will not be considered a waiver of the right to enforce each term or condition of this lease
strictly in the future. Landlord has the right to enforce or waive remedies inconsistently without
establishing future policy.
22) SMOKING DAMAGES: Smoking is permitted in apartments. However, tenant(s) understand
and agree that any damage caused or related to cigarette, pipe, or cigar smoldng, or any tobacco
product shall not constitute normal wear and tear. Tenant(s) are responsible for any and all damages
and/or costs for the cleaning or repairing of any damage cause by or related to tobacco products.
This includes but is not limited to deodorizing the apartment, sealing and painting the walls and
ceiling, and repairing or replacing the carpets and pads.
23) GENERAL: No oral / spoken promises, representations, or agrexments have been made by the
landlord or any of the landlord's representatives. This lease is the entire agreement between the landlord
and tenant. Any representatives (including management, maintenance, or other personnel) do not have the
authority to make promises, representations, or agreements which impose duties unless done so in writing.
I have read and understand this lease agreement.
Initials: Date:
-f-u-
Date
lb-=f--?j3
Page 8
REGULATIONS
1. No dog, cat, other pet or animal of any kind will be brought, permitted or kept in the premises or
elsewhere on the Landlord's property except as noted on the pet addendum.
2. Tenant(s), members of his (their) family and his (their) visitors will not at any time make any
noise, do anything, or conduct themselves in any way which unreasonably disturbs any other
tenant(s) or neighbor(s) or unreasonably interferes with the rights, comfort, or conveniences of any
other tenant(s) or neighbor(s). Musical or sound reproducing instruments or singing within the
property must not be able to be heard outside of the property between 11 o'clock each night and 9
o'clock the following morning.
No tenant(s) shall place or permit to be placed or maintained any sign or advertising matter or
device or any roof aerial or other structure in any window of the premises or elsewhere in or upon
the landlord's property. Damage to storm doors and windows due to negligence by tenant tenant's
family or guests, will be the responsibility of the tenant(s).
4. No tenant(s) shall hang pictures on the walls with any type of sticky adhesive. All pictures
must be hung with the smallest possible nail or pin and this nail or pin hole must be filled in after
the tenant(s) vacate the premises. Any and all damage to the walls will be the responsibility of
the tenant(s).
Tenant(s) will use plumbing and electrical installations only for their intended purposes, will clean
any stoppages and waste water lines, and will repair any damage caused by the neglect of the
tenant(s).
6. Tenant(s) agree(s) that the landlord may reasonably change these regulations from time to time as
may be required to protect the apartment or owner's other property or add to tenant's enjoyment of
the unit.
7. Tenant(s) are allowed only parking space(s) in apartment parking lot. Multiple unit
buildings where there are a limited number of parking spaces shall be on a first serve basis.
Washer/dryer will be permitted to be kept or used at premises:'yes no Dishwasher will be
pehnitted to be kept or used at premises: yes_ nog.
9. Trash removal on the exterior of the building shall be the responsibility of ALL tenant(s). At any
time which the Landlord deems appropriate, an inspection may be made of the exterior of the
building. If two (2) or more of any of the following items are found on the exterior, EACH tenant
will be assessed a charge of $5.00 per item which must be included in the following months rental
payment. These items include but are not limited to: bottles, cans, plastic cups, boxes, trash bags
and any other item which would reasonably be considered rubbish or trash. This clause is in effect
for this leased premises: yesX no ? - ,
10. It is the tenant's responsibility to maintain all fire extinguishers and smoke detectors
-in good working condition at all times during the term of this lease. This means that you as the
tenant(s) must replace smoke detector batteries when they no longer work and must have fire
extinguishers refilled if they have been extinguished due to a negligent act of you the tenant(s) .
Failure to maintain these systems as required in this paragraph will result in a $50.00 fine each
Date ' r1
Page 9
time this happens. It is the landlord's responsibility to make sure that all smoke detectors and
fire extinguishers are in proper working order before you move into the property.
PLEASE MAKE SURE THAT YOU HAVE SMOKE DETECTORS AND FIRE
EXTINGUISHERS IN YOUR RESIDENCE WHEN YOU P40VE IN. IF YOU DO NOT
HAVE EITHER OF THESE ITEMS, PLEASE CONTACT THE OFFICE
IMMEDIATELY. YOU MUST CHECK ALL SMOKE DETECTORS AND FIRE
EXTINGUISHERS REGULARLY. THEY ARE FOR YOUR SAFETY!
It. Tenant(s) will be provided 1 phone line and 1 cable outlet, unless otherwise noted, in each
residence. If other lines are present, but not working, the landlord. has no obligation to provide you
with more than one line for each service. If tenant(s) wish to have additional lines, it will be at
their own expense. In addition, no tenant(s) may contract an outside service ( for example: call the
cable company / telephone company- / electric company for an extra connection to be run into the
building) without the prior written consent of the landlord. If this service is provided and damages
are caused to the building by the outside service, all repairs that must be made to fix this damage
will be the responsibility of the tenant(s).
12. Landlord does not provide lock out service. If tenant(s) have locked themselves out of the
apartment or lost their keys, it is their responsibility to contact one of the locksmiths that are
provided in the utility company information at the end of this lease to regain access. You may be
asked to provide proof of residence. If the locks are changed, you must get Landlord's
permission and immediately forward a copy of the new key.
LEASE RIDERS.
Cleaning and Repair Charges
MOVE-OUT COST SCHEDULE
If prior to moving out you do not clean the items listed below and leave them in satisfactory
working order, the following charges will be deducted from your security deposit or owed to us if your
security deposit is insufficient to cover the charges. You will be charged the listed amount for each
instance in which a listed item must be cleaned or repaired. The prices given for the items listed below are
average prices only. If Landlord incurs a higher cost for cleaning or repairing an item, you will be
responsible for paying the higher cost.
Please note that this is not an all-inclusive list; you can be charged for cleaning or repairing items
that are not on the list.
Kitchen Cleaning
Oven $ 30.00
Drip pans $ 10.00
Stove and vent-a hood $ I0.00
Refrigerator/Freezer $ 50.00
Dishwasher $ 10.00
Cabinets and countertops $ 30.00
Bathroom Cleaning
Shower doors $ 15.00
Toilet(s) . $ 25.00
Initials: V
?l - v . ,
Date: ?"'J "
Page 10
Tub/Shower(s)
S inks/Countertops/Cabinets
Miscellaneous
Windows ,
Window coverings (drapes, blinds)
Carpet cleaning
Carpet repairs
Furniture removal
Trash removal
Wallpaper removal
Painting
Tile floors
Holes in wall(s)
$ 30.00
$ 35.00
$ 25.00
$ 50.00
$200.00
$100.00
$125.00
$100.00
$150.00
$350.00
$ 25.00
$ 75.00
REPLACEMENT CHARGES
If any items are missing or damaged to the point that they must be replaced when you move out,
you will be charged for the current cost of the items, plus labor and service charges.
A representative list of replacement charges is provided on the next page. These are average
prices. If it costs the Landlord more to replace an item, you will be responsible for paying the higher
price.
Please note that this is not an all-inclusive list; you can be charged for the replacement of items that are not
on the list.
Window glass $150.00 Patio glass doors $ 150.00
Window screens $ 35.00 Patio screens $ 100.00
Mailbox keys (lost or not returned) $ 25.00 Door keys (lost or not returned) $ 45.00
Fire extinguisher (1-1/21b. Size) $ 35.00 Ice trays $ 3.00
Crisper covers $ 15.00 Refrigerator shelves & racks $ 30.00
Disposal $ 95.00 Mirrors (bath) $ 60.00
Doors $100.00 Countertops $250.00
Light fixtdres $ 50.00 Light bulbs $ 1.00
MILITARY ADDENDUM
MILITARY CLAUSE: In the event the Landlord or Tenant is, or hereafter becomes, a member of the
United States Armed Forces on extended active duty and hereafter the Landlord receives permanent change
of station orders to return to, or Tenant receives permanent change of station orders to depart from, the
area where the premises are located, or if either party is relieved from active duty, or if the Tenant is_
assigned government quarters then in any of these events such party may terminate this lease upon giving at
least l (one) month's written notice to the other party which notice shall have attached a copy 9( official
orders or a letter signed by the party's commander reflccting the change which warrants termination under
this clause.
Initials: ?:. Date: ; ..:,;:,
Page II
INFORMATION SHEET
Sterling Property Management
Inc.
21 South Pitt Street Suite 111
Carlisle, PA 17013
OFFICE: (717)258-5800
MAINTENANCE: (717)258--5800
EMERGENCY PAGERS: (717)241-3318 & 241-3320
ROY DAUGHERTY, LEASING COORDINATOR:
cell:(717)574-4139
Make Rent checks payable to:
09I S.?+t
Initials: vy °°- Date:
4
Page 12
UTILITY COMPANIES & OTHER HELPFUL NUMBERS
YOU HAVE 2 DAYS TO CHANGE THE UTILITIES YOU ARE RESPONSIBLE FOR INTO
YOUR NAME BEFORE THEY ARE TURNED OFF. ALSO, PLEASE NOTE WHEN YOU
HAVE THE GAS TURNED ON, MAKE SURE THE GAS COMPANY CHECKS THAT THE
PILOT LIGHTS ARE LIT AND WORKING PROPERLY.
CARLISLE
ELECTRIC - P.P. & L. - 1-800-342-5775
WATER - CARLISLE BOROUGH OFFICE - 717-249-4422
SEWER - CARLISLE BOROUGH - 717-249-4422
CABLE - COMCAST - 717-2434918
TELEPHONE - SPRINT - 1-800-366-8204
U.G.I.GAS - 1-800-276-2722
LOCKSMITH - HILTONS LOCKSERVICE - 717-243-9475
SHIPPENSBURG
ELECTRIC - G.P.U. 1-800-545-7741
WATER - SHIPPENSBURG BOROUGH - 717-532-2527
SEWER - CFJMA- CUMBERLAND FRANKLIN JOINT MUNICIPAL AUTHORITY
717-532-6949
TELEPHONE - SPRINT -1-800-366-8204
CABLE - COMCAST - 1-800-222-1813
P.P.L. GAS - 1-800-846-1511
LOCKSMITH - HILTONS LOCKSERVICE - 717-243-9475
HARRISBURG
P.P. &L. ELECTRIC -1-800-DIAL-PPL 1-800-342-5775
VERIZON - 1-800-660-7111
U.G.I. GAS -1-800-276-2722
COMCAST CABLE TV - 1-800-222-1813
LOCKSMITH - FASTIC LOCKS - 717-545-6838
LEWISBERRY / ETTERS
GPU ENERGY - 1-800-545-7741
COMMONWEALTH TELEPHONE - 1-800-343-8574
BLUE RIDGE TV CABLE - 717-938-6501
LOCKSMITH - FASTIC LOCKS - 717-545-6838
initials: Date:
...._. `0-
Tenancy Addendum
Section 8 Tenant-Based Assistance
Housing Choice Voucher Program
U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
(To be attached to Tenant Lease)
1. Section 8 Voucher Program
a. The owner is leasing the contract unit to the tenant for
occupancy by the tenant's family with assistance for a
tenancy under the Section 8 housing choice voucher pro-
gram (voucher program) of the United States Department
of Housing and Urban Development (HUD).
b. The owner has entered into a Housing Assistance Payments
Contract (HAP contract) with the PHA under the voucher
program. Under the HAP contract, the PHA will make
housing assistance payments to the owner to assist the
tenant in leasing the unit from the owner.
2. Lease
a. The owner has given the PHA a copy ofthe lease, including
any revisions .agreed by the owner and the tenant. The
owner certifies that the terms of the lease are in accordance
with all provisions of the HAP contract and that the'lease
includes the tenancy addendum.
b. The tenant shall have the right to enforce the tenancy
addendum against the owner. If there is any conflict
between the tenancy addendum and any other provisions of
the lease, the language of the tenancy addendum shall
control.
3. Use of Contract Unit
a. During the lease term, the family will reside in the contract
unit with assistance under the voucher program.
b. The composition of the household must be approved by the
PHA. The family must promptly inform the PHA of the
birth, adoption or court-awarded custody of a child. Other
persons may not be added to the household without prior
written approval of the owner and the PHA.
c. The contract unit may only be used for residence by the
PHA-approved household members. The unit must be the
family's only residence. Members of the household may
engage in legal profitmaking activities incidental to pri-
mary use of the unit for residence by members of the family.
d. The tenant may not sublease or let the unit.
e. The tenant may not assign the lease or transfer the unit.
4. Rent to Owner
a. The initial rent to owner may not exceed the amount
approved by the PHA in accordance with HUD require-
ments. -
5. Family Payment to Owner
a. The family is responsible for paying the owner any portion
of the rent to owner that is not covered by the PHA housing
assistance payment.
b. Each month, the PHA will make a housing assistance
payment to the owner on behalf of the family in accordance
with the HAP contract. The amount of the monthly housing
assistance payment will be determined by the PHA in
accordance with HUD requirements for a tenancy under the
Section 13 voucher program.
c. The monthly housing assistance payment shall be credited
against the monthly rent to owner for the contract unit.
d. The tenant is not responsible for paying the portion of rent
to owner covered by the PHA housing assistance payment
under the HAP contract between the owner and the PHA. A
PHA failure to pay the housing assistance payment to the
owner is not a violation of the lease. The owner may not
terminate the tenancy for nonpayment of the PHA housing
assistance payment.
e. The owner may not charge or accept, from the family or
from any other source, any payment for rent of the unit in
addition to the rent to owner. Rent to owner includes all
housing services, maintenance, utilities and appliances to
be provided and paid by the owner in accordance with the
lease.
f. The owner must immediately return any excess rent pay-
ment to the tenant.
6. Other Fees and Charges
a. Rent to owner does not include cost of any meals or
supportive services or furniture which may be provided by
the ownen
b. The owner may not require the tenant or family members to
pay charges for any meals or supportive services or furni-
ture which may be provided by the owner. Nonpayment of
any such charges is not grounds for termination of tenancy.
c. The owner may not charge the tenant extra amounts for
items customarily included in rent to owner in the locality,
or provided at no additional cost to unsubsidized tenants in
the premises.
Maintenance„ Utilities, and Other Services
a. Maintenance
b. Changes in the rent to owner shall be determined by the
provisions of the lease. However, the owner may not raise
the rent during the initial term of the lease.
c. During the tern ofthe lease (including the initial term ofthe
lease and any extension term), the rent to owner may at no
time exceed: b.
(1) The reasonable rent for the unit as most recently
determined or redetermined by the PHA in accordance
with HUD requirements, or
(2) Rent charged by the owner for comparable unassisted
units in the premises.
(1) The owner must maintain the unit and premises in
accordance with the HQS.
(2) Maintenance and replacement (including redecora-
tion) must be in accordance with the standard practice
for the building concerned as established by the owner.
Utilities and appliances
(1) The owner must provide all utilities Deeded to comply
with the HQS.
(2) The owner is not responsible for a breach of the HQS
caused by the tenant's failure to:
Previous editions are obsolete Page 1 of 3 torn HUD-52641-A (3/2000)
ref Handbook 7420.8
(a) Pay for any utilities that are to be paid by the
tenant.
(b) Provide and maintain any appliances that are to be
provided by the tenant.
c. Family damage. The owner is not responsible for a breach
of the HQS because of damages beyond normal wear and
tear caused by any member of the household or by a guest.
d. Housing services. The owner must provide all housing
services as agreed to in the lease.
8. Termination of Tenancy by Owner
a. Requirements. The owner may only terminate the tenancy
in accordance with the lease and HUD requirements.
b. Grounds. During the term of the lease (the initial term of
the lease or any extension term), the owner may only
terminate the tenancy because of:
(1) Serious or repeated violation of the lease;
(2) Violation of Federal, State, or local law that imposes
obligations on the tenant in connection with the occu-
pancy or use of the unit and the premises;
(3) Criminal activity or alcohol abuse (as provided in
paragraph c); or
(4) Other good cause (as provided in paragraph d).
c. Criminal activity or alcohol abuse.
(1) The owner may terminate the tenancy during the term
of the lease if any member of the household, a guest or
another person under a resident's control commits any
of the following types of criminal activity:
(a) Any criminal activity that threatens the health or
safety of, or the right to peaceful enjoyment of the
premises by, other residents (including property
management staff residing on the premises);
(b) Any criminal activity that threatens the health or
safety of, or the right to peaceful enjoyment of
their residences by, persons residing in the imme-
diate vicinity of the premises;
(c) Any violent criminal activity on or near the pre-
mises; or
(d) Any drug-related criminal activity on or near the
premises.
(2) The owner may terminate the tenancy during the term
of the lease if any member of the household is:
(a) Fleeing to avoid prosecution, or custody or con-
finement 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 ofthe State ofNew Jersey, is a high
misdemeanor; or
(b) Violating a condition of probation or parole under
Federal or State law.
(3) The owner may terminate the tenancy for criminal
activity by a household member in accordance with
this section if the owner determines that the household
member has committed the criminal activity, regard-
less of whether the household member has been ar-
rested or convicted for such activity.
(4) The owner may terminate the tenancy during the term of
the lease if any member of the household has engaged in
abuse of alcohol that threatens the health, safety or right
to peaceful enjoyment of the premises by otherresidents.
d. Other good cause for termination of tenancy
(1) During the initial lease term, other good cause for
termination of tenancy must be something the family
did or failed to do.
(2) During the initial lease tens or during any extension
term, other good cause includes:
(a) Disturbance of neighbors,
(b) Destruction of property, or
(c) Living or housekeeping habits that cause damage
to the unit or premises.
(3) After the initial lease term, such good cause includes:
(a) The tenant's failure to accept the owner's offer of
a new lease or revision;
(b) The owner's desire to use the unit for personal or
family use or for a purpose other than use as a
residential rental unit; or
(c) A business or economic reason for termination of
the tenancy (such as sale of the property, renova-
tion of the unit, the owner's desire to rent the unit
for a higher rent).
e. Eviction by court action. The owner may only evict the
tenant by a court action.
f Owner notice of grounds
(1) At or before the beginning of a court action to evict the
tenant, the owner must give the tenant a notice that
specifies the grounds for termination of tenancy. The
notice may be included in or combined with any owner
eviction notice.
(2) The owner must give the PHA a copy of any owner
eviction notice at the same time the owner notifies the
tenant.
(3) Eviction notice means a notice to vacate, or a complaint
or other initial pleading used to begin an eviction action
under State or local law.
9. Lease: Relation to HAP Contract
If the HAP contract terminates for any reason, the lease termi-
nates automatically.
10. PHA Termination of Assistance
The PHA may terminate program assistance for the family for
any grounds authorized in accordance with HUD requirements.
If the PHA terminates program assistance for the family, the
lease terminates automatically.
11. Family Move Out
The tenant must notify the PHA and the owner before the
family moves out of the unit.
12. Security Deposit
a. The owner may collect a security deposit from the tenant.
(However, the PHA may prohibit the owner from collecting
a security deposit in excess of private market practice, or in
excess of amounts charged by the owner to unassisted
tenants. Any such PHA-required restriction must be speci-
fied in the HAP contract.)
form HUD-52641-A (3/2000)
Previous editions are obsolete Page 2 of 3 ref Handbook 7420.8
b. When the family moves out of the contract unit, the owner,
subject to State and local law, may use the security deposit,
including any interest on the deposit, as reimbursement for
any unpaid rent payable by the tenant, any damages to the
unit or any other amounts that the tenant owes under the
lease.
c. The owner must give the tenant a list of all items charged
against the security deposit, and the amount of each item.
After deducting the amount, if any, used to reimburse the
owner, the owner must promptly refund the full amount of
the unused balance to the tenant,
d. If the security deposit is not sufficient to cover amounts the
tenant owes under the lease, the owner may collect the
balance from the tenant.
13. Prohibition of Discrimination
In accordance with applicable equal opportunity statutes, Ex-
ecutive Orders, and regulations, the owner must not discrimi-
nate against any person because of race, color, religion, sex,
national origin, age, familial status or disability in connection
with the lease.
14. Conflict with Other Provisions of Lease
a. The terms of the tenancy addendum are prescribed by HUD
in accordance with Federal law and regulation, as a condi-
tion for Federal assistance to the tenant and tenant's family
under the Section 8 voucher program.
b. In case of any conflict between the provisions of the tenancy
addendum as required by HUD, and any other provisions of
the lease or any other agreement between the owner and the
tenant, the requirements of the HUD-required tenancy
addendum shall control.
15. Changes in Lease or Rent
a. The tenant and the owner may not make any change in the
tenancy addendum. However, if the tenant and the owner
agree to any other changes in the lease, such changes must be
in writing, and the owner must immediately give the PHA a
copy of such changes. The lease, including any changes,
must be in accordance with the requirements of the tenancy
addendum.
b. In the following cases, tenant-based assistance shall not be
continued unless the PHA has approved a new tenancy in
accordance with program requirements and has executed a
new HAP contract with the owner:
(1) If there are any changes in lease requirements governing
tenant or owner responsibilities for utilities or appli-
ances;
(2) If there are any changes in lease provisions governing
-the term of the lease;
(3) Ifthe family moves to a new unit, even ifthe unit is in the
same building or complex.
c. PHA approval of the tenancy, and execution of a new HAP
contract, are not required for agreed changes in the lease
other than as specified in paragraph b.
d. The owner must notify the PHA of any changes in the amount
of the rent to owner at least sixty days before any such
changes go into effect, and the amount of the rent to owner
following any such agreed change may not exceed the reason-
able rent for the unit as most recently determined or redeter-
mined by the PHA in accordance with HUD requirements.
16. Notices
Any notice under the lease by the tenant to the owner or by the
owner to the: tenant must be in writing. `
17. Definitions
Contract unit. The housing unit rented by the tenant with assistance
under the program.
Family. The persons who may reside in the unit with assistance
under the program.
HAP contract. The housing assistance payments contract between
the PHA and the owner. The PHA pays housing assistance payments
to the owner in accordance with the HAP contract.
Household. The persons who may reside in the contract unit. The
household consists ofthe family and any PHA-approved live-in aide.
(A live-in aide is a. person who resides in the unit to provide necessary
supportive services for a member of the family who is a person with
disabilities.)
Housing quality standards (HQS). The HUD minimum quality
standards for housing assisted under the Section 8 tenant-based
programs.
HUD. The U.S. Department of Housing and Urban Development.
HUD requirements. HUD requirements for the Section 8 program.
HUD requirements are issued by HUD headquarters, as regulations,
Federal Register notices or other binding program directives.
Lease. The written agreement between the owner and the tenant for
the lease of the contract unit to the tenant. The lease includes the
tenancy addendumn prescribed by HUD.
PHA. Public Housing Agency.
Premises. The building or complex in which the contract unit is
located, including common areas and grounds.
Program. The Section 8 housing choice voucher program.
Rent to owner. The total monthly rent payable to the owner for the
contract unit. The rent to owner is the sum of the portion of rent
payable by the tenant plus the PHA housing assistance payment to
the owner.
Section 8. Section 8 of the United States Housing Act of 1937 (42
United States Code 1437f).
Tenant. The family member (or members) who leases the unit from
the owner.
Voucher program. The Section 8 housing choice voucherprogram.
Under this program, HUD provides funds to an PHA for rent subsidy
on behalf of eligible families. The tenancy under the lease will be
assisted with rent subsidy for a tenancy under the voucher program.
form HUO-52641-A (3/2000)
Previous editions are obsolete Page 3 of 3 . ref Handbook 7420.8
The terms and conditions of this Tenancy Addendum are incorporated into the attached
lease.
Print or Type Name of Tenant
lw?-` vu 7 ?7,
Print or Type Nafne of Owner
?ignature (Signature
Co-Head Signature
Owrv4?
Print or Type Name nd Title
--r,w7 -- AnatQ ) I Date
Date
:,(et-7 /(,;? /' )G3
15
F:Carolyn:TenAddSignature (10/03)
VERIFICATION
The above-named Plaintiff, Veronica Whitney, verifies that the statements made
in the above Complaint are true and correct. The Plaintiff understands that false
statements herein are made subject to the penalties of 18 PA. C.S. §4904, relating to
unsworn falsification to authorities.
Date: 4714 A_4424?2?1_?
eronica Whitney, Plaintiff
,'?
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VERONICA WHITNEY : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs : NO. 04-6074 CIVIL
FREEHOLD ENTERPRISES C/O
STERLING PROP. MGMT., INC.
Defendant
ANSWER
Defendant, by Attorneys Duncan & Hartman, P.C., sets forth as follows by way of
Answer to Plaintiff s Complaint, the following:
Admitted.
2. Denied. The Defendant, Freehold Enterprises, is an individual, d/b/a, c/o
Sterling Property Management, Inc., located at 21 S. Pitt St., Suite 1, Carlisle, Cumberland
County, PA, 17013.
3. Admitted.
4. Admitted.
5. Denied. After reasonable investigation the Defendant is without knowledge or
information sufficient to form a belief as to the truth of the avennent.
6. Denied. After reasonable investigation the Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averment.
7. Admitted in part, in that Plaintiff contacted Defendant and that Defendant sent
employees to the rental unit to provide service. Denied that Defendant's attempts to provide
service were inadequate. Defendant was unable to provide service because Plaintiff was not
present when service was attempted and because gas service was cut-off due to non-payment,
therefore the stove could not be repaired.
8. Denied. Plaintiff was an occupant on November 8, 2004 and remained in
occupancy after that date for an unknown period of time.
9. Defendant's responses to paragraphs 1-8 are incorporated by reference hereto.
10. Denied. The averments of paragraph 10 constitute legal a conclusion requiring
no responsive pleading.
11. Denied. After reasonable investigation the Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averment.
12. Denied. The averments of paragraph 12 constitute legal conclusions requiring
no responsive pleading. By way of further answer, Plaintiff did not pay rent, rather the
Cumberland County Housing Authority paid rent on her behalf.
13. Denied. The averments of paragraph 13 constitute a legal conclusion requiring
no responsive pleading. By way of further answer, Plaintiff did not pay rent, rather the
Cumberland County Housing Authority paid rent on her behalf.
WHEREFORE Defendant prays that the Court dismiss Plaintiff s claim and
enter judgment against Plaintiff and in favor of Defendant.
14. Defendant's responses to paragraph 1-14 are incorporated by reference hereto.
15. Denied. Defendant had no knowledge of the alleged defects and did not fail to
maintain the premises properly. Defendant made no misrepresentations to Plaintiff in regard to
the premises or as to the stove. By way of further answer, the property was inspected prior to
Plaintiff assuming occupancy by the Cumberland County Housing Authority and found to meet
their requirements for occupancy.
16. It is specifically denied that Defendant engaged in deceptive conduct. As to the
remainder of the averment, after reasonable investigation the Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averment.
17. Denied. The averments of paragraph 17 constitute legal conclusions requiring no
responsive pleading. By way of further answer, it is denied any damages are due and owing from
Defendant's activities, to the contrary any damages suffered by Plaintiff are the result of her
actions and/or failure to act.
WHEREFORE Defendant prays that the Court dismiss this Complaint and enter
judgment in favor of Defendant and against Plaintiff.
Date:
-q 4
Respectfully submitted,
DUNCAN & HAR.TMAN, P.C.
By: Al zuem::?t-
William A. Duncan
,Qr
J
Supreme Court # 7iZU
1 Irvine Row, Carlisle, PA
(717) 249-7780
VERIFICATION
I, J. Michael Adler, verify that the foregoing Answer is based upon the facts of which I have
personal knowledge or information; that the language of this document is that of Counsel and not
my own; and that the facts set forth in the foregoing Answer are true and correct to the best of my
knowledge, information and belief. I understand that the statements herein are made subject to
the penalties of 18 Pa.C.S.A.S. 4904 relating to unsworn falsification to authorities .
Date: C) p p
J. Michael Adler
d/b/a Freehold Enterprises
FREEHOLD ENTERPRISES : IN THE COURT OF COMMON PLEAS OF
Defendant : CUMBERLAND COUNTY, PENNSYLVANIA
vs : NO. 04-6074 CIVIL
VERONICA WHITNEY
Plaintiff
AFFIDAVIT OF SERVICE
I, William A. Duncan, attorney for Defendant, being first duly sworn according to law, do
depose and say that service of the answer in the above-captioned matter was made on the
Plaintiff herein named by regular U.S. Mail, postage pre-paid, in accordance with Pa. R.C.P.
1005 to the following address on February 10, 2005:
Geoffrey M. Beringer
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
\ ? r/ l
William A. Duncan
1 Irvine Row
Carlisle, PA 17013
Sworn to and subscribed before me
a notary public this C day of
tel6u vy ZC?C-S
t3
Notary Publh
Kathy LlIUnMaaA,C?PYWk
6a?oVAaf,GadNU, Cb„PA
?Y lDOE
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1AW.WPATOiA
•• „3C?(7C?1?/7UJ W?1H16,. ;, I?'?4". Niy'.
';t)i ,'t .(+11A N?R? f10rMIf1Y110.1'(? 1
VERONICA WHITNEY,
Plaintiff
V.
FREEHOLD ENTERPRISES,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LANDLORD/TENANT
CIVIL TERM-04-6074
FREEHOLD ENTERPRISES,
Plaintiff
V.
VERONICA WHITNEY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LANDLORD/TENANT
CIVIL TERM-04-6075
MOTION FOR CONSOLIDATION PURSUANT TO PA.R.C.P. 213
Plaintiff, Veronica Whitney, hereby moves that the two above-captioned cases be
consolidated and alleges that:
1. Both cases arise from the same occurrence, namely a landlord/tenant
relationship at 165 W. North Street, Carlisle, Pennsylvania, 17013 from November 2003
until November 2004.
2. Defendant, Freehold Enterprises, concurs in this motion.
'Geoffrey M. Biringer
Attorney for Veronica Whitney
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Sup.Ct. ID # 18040
VERONICA WHITNEY,
Plaintiff
V.
FREEHOLD ENTERPRISES,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LANDLORD/TENANT
CIVIL TERM-04-6074
FREEHOLD ENTERPRISES,
Plaintiff
V.
VERONICA WHITNEY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LANDLORD/TENANT
CIVIL TERM-04-6075
AFFIDAVIT OF SERVICE
I, Geoffrey M. Biringer, do hereby swear that I served Defendant's counsel,
William A. Duncan, with the enclosed Motion for Consolidation, via first class mail at
his place of business, 1 Irvine Row, Carlisle, PA 17013 on March 3, 2005.
J-e-?O? ;? _ ??*
Geoffrey M. Binnger
Attorney for Veronica Whitney
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Sup.Ct.ID # 18040
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V1
MAR 0 4 2005
VERONICA WHITNEY, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION-LANDLORD/TENANT
FREEHOLD ENTERPRISES, : CIVIL TERM-04-6074
Defendant
FREEHOLD ENTERPRISES, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION-LANDLORD/TENANT
VERONICA WHITNEY, : CIVIL TERM-04-6075
Defendant
ORDER OF COURT
AND NOW this 1o day of thA t4 , 2005, upon motion of the Plaintiff (04-
6074) it is hereby ordered that the two above-captioned cases be consolidated.
7
CASE NO: 2004-06074 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WHITNEY VERONICA
VS
FREEHOLD ENTERPRISES
JASON VIORAL Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
FREEHOLD ENTERPRISES
DEFENDANT
at 21 S PITT STREET
the
at 0904:00 HOURS, on the 3rd day of January , 2005
CARLISLE, PA 17013
SUSAN WHITACRE, ASSOCIATION
COORDINATOR, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.70
Affidavit .00
Surcharge 10.00
.00
31.70
Sworn.and Subscribed to before
me this 2y-' day of
44, ca A. D.
/P othonotary
SUITE 1
by handing to
So Answers:
R. Thomas Kline
00/00/0000
By.
?'D uty Sheriff
Curtis R. Long
Prothonotary
Office of the Vrotbonotarp
Cumberlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
61l -100V CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573