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HomeMy WebLinkAbout13-6603 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. /3 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. NAM OF PELINT MAG.DIST.NO. NAME OF MDJ { — Cpl—2-0 2. J-C:5 51 Q,Vq itk.AD P k�Q ADDRESS AN APPELL CITY STATE ZIP CODE rI Lo DATE OF JUDGMENT IN THE CASE OF(Plaintiff) (Defendant)' 10 ZVI Camber' sz��" 4LA DOCKET No. SIGNATURE PPELLANT OR ATTORNEY GENT "75 Log 02 t-t -wlooI(Pz)-Zo13 i This block will be signed ONLY when this notation is required under Pa. If a pellant was Claimant (see Pa. R.C.P..D.J. No. 1001(6) in action R.C.P.D.J.No. 100813. 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 SUPERSEDEAS to the judgment for possession in this case. within twenty (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 Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary a , n Enter rule upon ) l� (� Ilee(s),to file a complaint in this appeal Name of appellees) -(Common Pleas No. I ib 03 )within twenty(20)days after service of rule or suffer entry of judgment of non pros. , ��,l Signat r of appellant or attorney or agent RULE: To 0UA&6Wpellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file"I 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 SI MI, / 1„i7NIV183 at_1n, Signature of Prothonotary or Deputy CDT 7 1 YOU MUST INCLUDE A COPY OF THE NOTI F JUDGMEN NSCRIPT FORM WITH THIS NOTICE OF APPEAL. "111 08d AOPC 312-05 From: 11 /07/2013 15:50 #176 P.002/002 : IN THE COURT OF COMMON PLEAS OF Plaintiff f : CUMBERLAND COUNTY,PENNSYLVANIA us;nq au-NlO 3 % �1 6Cand v. C1 : NO. 13- 6,1063 CIVIL TERM Defendant : MDJ APPEAL mb-e��� 4,04-e ORDER OF COURT AND NOW this day of , 2013,upon consideration of the attached Petition and Affidavit, the petitioner is allowed to proceed in forma pauperis. BY THE COURT, , Judge Distribution Plaintiff: Name C") Address -03 z f_ ccnnr .4.: c c� , Defendant: •A 6:1 if.%)1-e- r-- Game 37"c.) c,-�i p tv Address SL<<S l� , e'FJ • t-icy (Z 111 - 2.1 1-41001 C_amv triv. - //Li//a a; COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease �K Mag. Dist. No: MDJ-09-2-02 Housing Authority of the County of Cumberland MDJ Name: Honorable Jessica Brewbaker v Address: 18 North Hanover Street, Suite 106 Kimberly Hunte Business Central Building Carlisle, PA 17013 Telephone: 717-240-6564 Kimberly Hunte Docket No: MJ-09202-LT-0000163-2013 1.372 Grandview Ct Case Filed: 10/18/2013 Carlisle, PA 17013 Disposition Details Grant possession. Yes Grant possession if money judgment is not satisfied by the time of eviction. No Disposition Summary (cc-CrossComplaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09202-LT-0000163-2013 Housing Authority of the County Kimberly Hunte Judgment for Plaintiff 10/29/2013 of Cumberland Judgment Summary Participant Joint/Several Liability Individual Liability Amount Housing Authority of the County of $0.00 $0.00 $0.00 Cumberland Kimberly Hunte $0.00 $618.48 $618.48 Judgment Finding (*Post Judgment) In the matter of Housing Authority of the County of Cumberland vs. Kimberly Hunte on MJ-09202-LT-0000163-2013, on 10/29/2013 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is$121.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $0.00 $342.00 $342.00 Costs $0.00 $126.48 $126.48 Attorney Fees $0.00 $150.00 $150.00 Grand Total: $618.48 Portion of judgment for physical damages arising out of residential lease: $0.00 MDJS 315A Page 1 of 3 Printed: 10/29/2013 11:37:06AM Housing Authority of the County of Cumberland Docket No.: MJ-09202-LT-0000163-2013 V. Kimberly Hunte 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 JUDGMENT/TRANSCRIPT 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. .y Date Magisterial District Judge Jessica Brewbaker I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315A Page 2 of 3 Printed: 10/29/2013 11:37:06AM Housing Authority of the County of Cumberland Docket No.: MJ-09202-LT-0000163-2013 V. Kimberly Hunte Participant List Plaintiff(s) Housing Authority of the County of Cumberland 60 W Penn St Carlisle, PA 17013 Defendant(s) Kimberly Hunte 1372 Grandview Ct Carlisle, PA 17013 Complainant's Attorney(s) Tricia Dills Naylor, Esq. Baric Scherer Uc 19 W South St Carlisle, PA 17013-3444 MDJS 315A Page 3 of 3 Printed: 10/29/2013 11:37:06AM APPENDIX B IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA NO. 0 :3 Plaintiff MUD = M = 11.11 0 -< ..9 VS. 7,-C-) i • y N Defendant PETITION TO PROCEED IN FORMA PAUPERIS and AFFIDAVIT 1. I am the Defendant in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2 . I am unable -to obtain funds from anyone, including my family and associates, to pay the costs of litigation.. 3 . I represent that the information in the attached Affidavit relating to my ability- to pay the fees and costs is true and correc. WHEREFORE, I request that the Court permit me to proceed in the referenced case in forma pauyeris. Defendant print or type your name address telephone number IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA Cane Number Plaintiff V. Defendant AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1 . I am the defendant in the .above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2 . I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3.. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: _) . Address: Social Security Number: Q—T01-LeU-(.o2kpo- (b) If you are presently employed, state Emp 1 oye r: Address:--- Salary or wages per month: Type of work: If you are presently unemployed, state Date of last employment: Salary or wages per month: '-- Type of work: (c) Other income within the past twelve months Business or profession: Other self-employment: Interest: Dividends: Pension and annuities : Social Security benefits: Support payments: 0,a 1 LA s(u jib- i • iO4�)- Disability payments: Unemployment compensation and supplemental benefits: Workman's compensation: Public Assistance: Other: (d) Other contributions to household support (Wife)(Husband) Name: - If your (husband) (wife) is employed, state Employer: Salary or wages per month : Type of work: Contributions from children: (e) Property owned Cash: Checking Account: c� Savings Account: CD Certificates of ,Deposit: �5 Real Estate. ( including home) : _ Motor vehicle: Make Year Cost Amount owed Stocks; bonds: Other: (f) Debts and obligations Mortgage: Rent: Loans: cI Month 1 y Expenses: �r (g ) Persons dependent upon you for support (Wife) (Husband) Name: 1-611 Children, if any: Name : Age: 4. I understand that I have a continuing obligation to inform the court of improvement ...in my financial circumstances which would permit me to pay the costs incurred herein. 5 . I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: From: 11/07/2013 15:50 #176 P.002/002 : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA tb s q au4190 3 eu- i ca n©t v. C1,„ : NO. 13- 6,6,6.3 CIVIL TERM Defendant : MDJ APPEAL 4-k ORDER OF COURT AND NOW this % day of �rr�-�_ , 2013, upon consideration of the attached Petition and Affidavit, the petitioner is allowed to proceed in forma pauperis. BY THE COURT, , Judge Distribution Plaintiff: Name c-, N ._ Address 3 `'' rn m o r cnt— --- rs Defendant: •A /1.L . at --<> w < ame '± 1-6`i2 GtewvAV au CT =r t_; Address �' eAci-lts(1, A . t1o13 11i - 2:1L-4tooI C.6iby rn-V.tirsk_ // 5 HOUSING AUTHORITY OF THE IN THE COURT OF COMMON PLEAS OF COUNTY OF CUMBERLAND CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2013- 6603 CIVIL TERIbb KIMBERLY HUNTE EJECTMENT 1372 Grandview Court Carlisle, Pennsylvania 17013 CIVIL ACTION ' - Defendant ' 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 an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 HOUSING AUTHORITY OF THE IN THE COURT OF COMMON PLEAS OF COUNTY OF CUMBERLAND CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2013- 6603 CIVIL TERM KIMBERLY HUNTE EJECTMENT 1372 Grandview Court Carlisle, Pennsylvania 17013 CIVIL ACTION Defendant COMPLAINT NOW, comes Plaintiff, Housing Authority of the County of Cumberland ("Authority"), by and through its attorneys, BARIC SCHERER LLC, and files the within Complaint and, in support thereof, sets forth the following: 1. Plaintiff, Authority, is a public body and body corporate and politic created and organized, in accordance with the Housing Authorities Law, with an address of 114 North Hanover Street, Carlisle, Pennsylvania 17013. 2. Defendant, Kimberly Hunte ("Hunte"), is an adult individual with a residence address of 1372 Grandview Court, Carlisle, Pennsylvania 17013. 3. Plaintiff is the owner of a certain residential real property known as 1372 Grandview Court, Carlisle, Pennsylvania 17013 ("leased premises"). 4. On or about October 2, 2008, the parties entered into a Residential Dwelling Lease Agreement for Family Public Housing ("Lease Agreement") for the leased premises. A true"and correct copy of the Lease Agreement is attached hereto as Exhibit "A" and is incorporated by reference. 5. The Defendant is identified as the Tenant and the Plaintiff is identified as Management under the Lease Agreement. 6. The lease was renewed for additional one year terms. A true and correct copy of the Lease Addendum("Lease Addendum") is attached hereto as Exhibit`B" and is incorporated .by reference. 7. The lease term ended September 30, 2013. 8. The Lease Addendum set rent at$356.00 per month during the term of the lease. 9. Defendant's monthly rent was reduced to $121.00 per month effective February 1, 2013 due to a change in employment. 10. The Lease Addendum provides for a late charge in the amount of$25.00 for rent not paid by the fifth working day of the month. 11. Item 3, Paragraph A of Lease Agreement provides, "[t]enant agrees . . . to furnish accurate information to Management annually at a time to be set by Management as to family income, employment and family composition." 12. On or about July 23, 2013, Plaintiff sent notice to Defendant that it was not renewing the lease due to Defendant's failure to comply with the renewal process and failing to furnish accurate information to management. A true and correct copy of the letter is attached hereto as Exhibit"C" and is incorporated by reference. 13. Defendant failed to request an appeal of Plaintiff's decision not to renew Defendant's lease. 14. On or about October 1, 2013, Plaintiff provided Defendant with a 15 day Notice To Quit. A true and correct copy of the Notice To Quit and Affidavit of Service is attached hereto as Exhibit"D" and incorporated herein by reference. 15. Defendant failed to vacate the premises by October 16, 2013. 16. The Lease Agreement provides for the recovery by Plaintiff of all necessary legal fees to enforce the provisions of the lease agreement. y � 17. As of October 29, 2013, Defendant owed rent, late fees and other charges in the amount of$342.00 and attorney's fees and court costs of 276.48. 18. Additional rent, pest control fee and late charge have accrued in the amount of "$171.00. A true and correct copy of the Tenant's Account History is attached hereto as Exhibit "E"and incorporated herein by reference. 19. Additional attorney's fees have been incurred by Plaintiff in the amount of $100.00. COUNT I- EJECTMENT 20. Plaintiff incorporates by reference paragraphs one through nineteen as though set forth at length. 21. On October 1, 2013, Defendant was served with the Plaintiff's Notice to Quit. 22. Defendant refused to vacate premises after expiration of the applicable notice period. 23. Defendant has breached her obligation to pay rent, late charges, and other fees for the leased premises to Plaintiff. 24. Defendant has breached her obligations to furnish accurate information to Management annually during the recertification process. ` 25. Defendant has breached her obligation to pay legal fees to Plaintiff. 26. The term of the Lease Agreement has expired. 27. By virtue of Defendant's breach of her obligations under the Lease Agreement and by virtue of the expiration of the lease term, Plaintiff is entitled to possession of the f premises. WHEREFORE, Plaintiff requests judgment in ejectment be entered in its favor and against Defendant and all others who may be residing in the premises together with costs and expenses of this action. COUNT II—BREACH OF CONTRACT FOR RENT, OTHER FEES AND CHARGES 28. Plaintiff incorporates by reference paragraphs one through twenty-seven as though set forth at length. 29. As of October 29, 2013, Defendant owed rent, late fees and other charges in the amount of$342.00 and attorney's fees and court costs of 276.48. 30. Additional rent, pest control fee and late charge have accrued in the amount of $171.00. 31. Additional attorney's fees have been incurred by Plaintiff in the amount of $100.00. 32. By virtue of Defendant's failure to pay the debt owed to Plaintiff, Defendant has breached the terms of the Lease Agreement. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the .amount of$889.48,plus any additional charges for rent, late fees, other charges, legal fees and 'costs which may become due and payable after November 26, 2013. Respectfully submitted, BA. CSC W Tri is D. NI.D. # 8376 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION The statements in the foregoing Complaint are based upon information which has been— assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they 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. § 4904 relating to unsworn falsifications to a orities. DATE: �11��Q��'J &IAA, �- PilEdwards, Resident Manager for Housing Authority of the County of Cumberland '' - l a n RESIDENTIAL DWELLING LEASE FAMILY PUBLIC HOUSING PLEASE TAKE NOTICE THAT THIS AGREEMENT IS TO BE.READ IN DETAIL PRIOR TO SIGNING. THIS LEASE AGREEMENT ALSO PROVIDES FOR CERTAIN WAIVERS, WHICH ARE SPECIFIED HEREIN IN MORE DETAIL. IN SIGNING THIS LEASE AGREEMENT, YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND ANY AND ALL PROVISIONS HEREIN. THIS AGREEMENT made this day of(lL46 bey- 20OZ by and between THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND (hereinafter referred to as "MANAGEMENT") and fl;u ,�P (hereinafter referred to as "TENANT"): Management relying on the representations made to it by Tenant as to Tenant's household composition and the employment and income levels of Tenant and all members of Tenant's household; and in consideration of the rentals herein reserved; WITNESSETH: That Management does hereby lease to Tenant and Tenant does hereby hire from Management, upon Terms and Conditions set forth herein, for the sole use and occupancy of Tenant and members of Tenant's household named herein, the premises known and described a follows (hereinafter referred to as "PREMISES") D.U. No.: g0 a 7 No. of Bedrooms: 3 Project 00 3 Address (3'12 Gl arhyi�o City- MEMBERS OF TENANT'S HOUSEHOLD HAVING RIGHT OF OCCUPANCY: ►� t i EXHIBIT "A" 0 • TERMS AND CONDITIONS 1. Term of Lease: Renewal Provisions. This Lease, and Tenant's right of occupancy hereunder, shall commence as of 120()-?— and shall continue for one year,provided, however, that in the absence of a notice to terminate pursuant to Section 11 herein, this Lease will automatically be renewed for the successive term of one(1)calendar month upon payment each month by the Tenant of the rental in the amount and manner specified in Section 2 herein or in such amount and manner specified in Section 2 herein or in such amount and manner as may be required by an adjustment that may henceforth be made by endorsement at the end of this Lease in accordance with the provisions of Section 3 herein. 2. Payments Due Under the Lease: A. Rent for the period beginning_1a;jD1oer . -zp6Z and ending at midnight Sepk ADn / 30 shall be$ (v .00 , payable not later than 10 _ k -- oZ Thereafter, monthly rent in that amount of $ &,pp shall be due on or before the first day of each month. The payment of the frill amount of the monthly rent and other charges when due is deemed to be a material term of this Lease for which repeated violations shall be considered good cause for Management to terminate or refuse to renew this Lease. A service charge of$25.00 would be charged for all rent not paid by the fifth working day of the month. Any election by Management to terminate or refuse to renew this Lease for serious or repeated failure of tenant to make full and timely payments, shall be in addition to any late charges imposed under the terms of this Lease. B. Utilities: Management agrees to furnish sewer and water. No charge shall be imposed for providing this utility at sites under Project Number PA26-PO75- 001/002. Consumption exceeding the following useages at the sites under Project Number PA26-PO75-003 on a quarterly basis will be charged for consumption in excess of the following figures based on current water and sewer rates. Two Bedroom Unit 762 Gallons Three Bedroom Unit 988 Gallons Four Bedroom Unit 1162 Gallons Management will not be responsible for failure to furnish this utility by reason of any cause beyond its control. All utility services not expressly listed herein as to be furnished by Management shall be furnished, by and at the expense of the tenant. C. Management shall furnish Range and Refrigeration appliances and shall provide routine Maintenance Services, therefore. ; ; 02/26/2001 E ; 3 D. A schedule of Charges to Tenants for maintenance and repair beyond normal wear and tear shall be posted in the Management office. Charges shall be due and payable the first day of the second month following the month in which the charge is incurred. y E. Security Deposit: Tenant agrees to pay to Management a Security Deposit equal to the amount of the Total Tenant Payment or $50.00 (whichever is greater). The security deposit is to be used by Management at the Termination of the lease toward reimbursement of the cost of repairing any intentional or negligent dames to the dwelling unit caused by Tenant, his family, guest, or dependents, and any rent or other charges owed by Tenant. Payment of the security deposit is to be made upon occupancy. Management agrees to deposit such security deposit in an interest-bearing account, crediting such interest as may accrue to Tenant's security deposit. Management agrees to return the security deposit, with such accrued interest as may have been earned, to Tenant when he vacates, less any deductions for any of the cost indicated above. If such deductions are made, Management will give Tenant a written statement of any such costs for damages and/or other charges to be deducted from the security deposit. The security deposit may not be used to pay rent or other charges while Tenant occupies the dwelling unit. F. Management shall comply with State Law requirements concerning use of security deposit fiends, their placement in interest-bearing escrow bank accounts, accountability to Tenant for interest earned thereon, and all other obligations. 3. Determination of Rent, Dwelling, Size and Eligibility: A. Tenant agrees to report any and all changes in family composition or income to Management in writing within ten (10) calendar days of such change and to furnish accurate information to:Management annually at a time to:be set by.Management as to family income,,;employment and family composition: This information shall be for the use of Management in determining whether the rental shall be changed, whether the dwelling size is still appropriate for Tenant's needs and whether Tenant is still eligible to occupy low-refit housing. Tenant hereby authorizes Management to verify all sources of income. Any predetermination made as a result of information thus furnished shall be made in accordance with the approved Occupancy and Admission Policy, copies of which are available in the Management Office. B. Rentals fixed in Section 2 hereof or as adjusted pursuant to this Section will remain in effect for the period between rent predetermination unless it shall be shown that the Tenant has misrepresented or failed to report to Management the facts upon which his rent is based, in which event Management reserves the right to redetermine the rent retroactively as of the date of such misrepresentation or failure to report facts, and to hold Tenant liable for any additional rent thus determined to be due. F' oW16;100 1 C. In the event Tenant's rent is redetermined pursuant to this Section. INIanagement shall mail or deliver a"Notice of Rent Adjustment"to Tenant in accordance with paragraph 10 hereof. In case of a rent decrease, the adjustment shall be effective the first day of the month following the chance in circumstances. provided that the Tenant has timely reported such change. In the case of a rent increase, the adjustment will become effective the first day of the second month following the change, except that such rent increase may be retroactive where there is a finding of misrepresentation in accordance with subsection B herein. D. If the Tenant is ineligible for continued occupancy because of a change in income or family size, the Tenant shall not be evicted unless the Housing Authority 1) has identified for possible rental of the family, a unit of decent, safe, and sanitary housing at a suitable size available at a rent not exceeding 30% of adjusted income or 2) is required to do so by local law. E. If no unit of appropriate size exists, or becomes available in the Development, the Tenant may be required to vacate the premises within twelve (12) months after the family size no longer conforms to said occupancy limits. However, at the end of said 12 month period, if the Tenant is unable due to special circumstances, to find decent, safe and sanitary housing within the family's financial means and of the appropriate unit size after making every reasonable effort to do so, the Director of Operations or his designee, after investigation may permit the Tenant to continue in occupancy for the duration of such situation. If Tenant is pennitted to continue in occupancy, the Tenant must recognize that the family has a continuing responsibility to work with Management to obtain appropriate housing on the private market within Tenant's financial means. 4. Occupancy. Tenant shall have the exclusive right to use and occupancy of the leased premises. Guests or visitors of tenant may be accommodated for a period of no more than three(3) days in any one-month: not to succeed fourteen (14) days in a one- year period. In the event tenant wishes to accommodate guests or visitors for a period in excess of the limitations above, or to care for foster children, or to provide live-in care of a member of the tenant's family, tenant must notify Management in writing, stating the reasons for such extended accommodations and obtain Management's approval of such arrangements. Management's decision shall be final. 5. Obligations of Management. Management shall have the following obligations under this Lease Agreement: A. To maintain the premises and the project in decent, safe and sanitary conditions; B. To comply with requirement of applicable building codes, housing codes, and HUD regulations materially affecting health and safety; 02/26/2001 C. To make necessary repairs to the premises; D. To keep project buildings, facilities and common areas not otherwise assigned to the Tenant for maintenance and upkeep, in a clean and safe condition. E. To maintain in good and safe working order and condition electrical. plumbing, sanitary, heating, ventilating, and other facilities and appliances, supplied or required to be supplied by Management; F. To accept rental money without regard to any other charges owed by Tenant to Management and to seek separate legal remedy by the collection of any other charges which may accrue to Management from Tenant. 6. Obligation of Tenant. Tenant shall have the following obligations under this Lease Agreement: A. Not to assign the lease or sub-lease the premises. B. Not to provide accommodations for boarders or lodgers. Boarders or lodgers shall be defined to be any persons who stay overnight in excess of three (3) days in any one-month or fourteen (14) days in any one year period. C. To use the premises solely as a private dwelling for Tenant and Tenant's household as identified in the Lease, and not to use or permit its use for any other purpose. D. To abide by necessary and reasonable regulations promulgated by the Management for the benefit and well-being of the Housing project and the Tenants,which Handbook shall be posted in the Management Office and which are incorporated by reference in this Lease; violation of the provisions and regulations of the Handbook constitutes a violation of this Lease. B. To comply with all obligations imposed upon Tenants by applicable provisions of building and housing codes materials affecting health and safety. F. To keep the premises and such other areas as may be assigned to Tenant for Tenant's exclusive use, in a clean and safe condition. except at handicapped units. Tenant is also required to keep stove and refrigerator clean and free from grease. 1 03136,-2001 6 G. The lessee is required to make arrangements to have the electric companies directly notify the Cumberland County Housing Authority in the event these utilities are shut-off because of the failure to pay monthly bills, tenant will be evicted immediately. H. To dispose of all ashes, garbage, rubbish, and other waste from the premises in a sanitary and safe manner. On-site dumpsters are for daily trash only. All large furniture, appliances, etc., must be hauled away at tenant's expense. I. To use only in a reasonable manner all electrical, plumbing, sanitary, heating,"ventilating, and other facilities and appurtenances. J. To refrain from, and to cause Tenant's household and guests to refrain from destroying, defacing, damaging, or removing any part of the premises or project; K. To pay reasonable charges (other than for wear and tear) for the repair of damages to the premises, project buildings, facilities or common areas caused by Tenant, Tenant's household or guests in accordance with a schedule of charges as posted in the Management Office. L. To conduct himself or herself, and cause other persons who are on the the premises with Tenant's consent to conduct themselves in a manner which will not disturb Tenant's neighbors' peaceful enjoyment of their accommodations and will be conducive to maintaining the project in a decent, safe and sanitary condition. M. (1)Management shall terminate the tenancy if Management determines that any member of the household has ever been convicted of drug-related criminal activity for manufacture or production of methamphetamine on the premises of federally- assisted housing. (2) The Lease shall be terminated for any drug-related criminal activity engaged in, on or off the premises by any Tenant, member of Tenant's household or guest, and any such activity engaged in on the premises by any other person under the Tenant's control. l f (3) Management may evict a family when Management determines that a household member is illegally using a drug or when Management determines that a pattern of illegal use of a drug interferes with the health, safety, or right to peaceful enjoyment by ? t other residents. 02!26/2001 7 (4) Any criminal activity, by a covered person that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents (including Management Staff residing on the premises)or threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises is grounds for termination of tenancy. (5) Management may terminate the Lease if a Tenant is fleeing to prosecution, or custody or confinement after conviction, for a crime; or attempt to commit a crime, that is a felony i.inder the laws of the place from which the individual flees; or violating a condition of probation or parole imposed under federal or state law. (6) Management may evict the Tenant by judicial action for criminal activity in accordance with this section if Management determines that the covered person has engaged in the criminal activity, regardless of whether the covered person has been arrested or convicted for such activity and without satisfying the standard or proof used for a criminal conviction. (7) For purposes of this section, covered person means a Tenant, any member of the Tenant's household, a guest or another person under the Tenant's control. (8) Drug-related criminal activity means the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute or use the drug. (9) Tenancy may be terminated if Management determines that a Household member has: a. Engaged in abuse or a pattern of abuse of alcohol that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents; or b. Furnished false or misleading information concerning E illegal drug use, alcohol abuse, or rehabilitation of illegal drug users or alcohol abusers. (10) A single violation of any of the provisions, of the aforesaid, shall be deemed a serious violation and a material non-compliance with the Lease and good cause for termination of tenancy. mmrrmn i s (1 1) It is agreed and understood that Management has adopted a "one strike, you're out" or"zero tolerance" policy with respect to violations of Lease terms, regarding criminal activity and abuse that impacts upon the health, safety, right to peaceful enjoyment of the premises by other residents. N. To permit Management, pursuant to the provisions of Section 9, entrance to the premises for the purpose of performing periodic inspections, routine maintenance, for making improvements or repairs, or to show the premises for re-leasing, (see 9 (A) of this Agreement). 0. To promptly notify Management of known need for any repairs to the leased premises, particularly of conditions hazardous to life, health or safety of the occupants; and to notify Management of known unsafe conditions in the common areas and grounds of the project which may lead to damage or injury. P. To give Management notice in writing when the premises are to be vacant for two weeks or more; such notice shall not render Management responsible for any personal property of any nature or description left in or on the leased premises during Tenant's absence. Q. To follow all rules and regulations prescribed by the Management, incorporated herein by this reference thereto, concerning the use and care of the premises and of any common or community space in the development. R. Not to make any repairs or alterations without the written consent of the Management; not to display any signs whatsoever; not to use tacks, nails, or screws or other fasteners in any part inside or outside the premises, or to affix, attach, or in any manner erect, construct or install poles, pipes, rods, or wires to any part inside or outside of the premises, including but not limited to the use of tacks, nails or other fasteners or cement for the laying of. carpet, rugs or linoleum on the floor of Tenant's dwelling unit, except in the manner prescribed by the Management. S. To pay all necessary legal fees expended by Management for enforcement of the provisions of this lease agreement. T. Not to display, use, or possess or allow members of Tenant's house- hold or guest to display, use or possess any firearms (operable or inoperable), or other offensive weapons as defined by the laws and 02/26/2001 9 courts of the Commonwealth of Pennsylvania anywhere in the unit or elsewhere on the property of the Authority. 7. Defects Hazardous to Life, Health or Safety. In the event that the premises are damaged to the extent that conditions are created which are hazardous to life, health or safety of the occupants: A. Tenant shall immediately notify Nanagement of the damage; B. Management shall be responsible for repair of the unit within a reasonable time; provided, that if the damage was caused by Tenant, Tenant's household or guests, the reasonable cost of the repairs shall be charged to Tenant; C. Management shall offer standard alternative accommodations if available, in circumstances where necessary repairs cannot be made within a reasonable time, except if repairs are required if the damage was caused by Tenant, Tenant's household or guests. 8. Pre-Occupancy and Pre-Termination Inspections A. Management and Tenant or Tenant's representative shall inspect the premises prior to commencement of occupancy by Tenant. Manage- ment shall furnish Tenant with a written statement of the condition of the premises, the dwelling unit and the equipment provided with the unit. The statement shall be signed by Management in the Tenant's folder. B. At the time Tenant vacated, Management shall inspect the unit and shall furnish Tenant with a statement of any charges to be made in accordance with sub-section 6 (K). Management shall notify Tenant of the inspection, and Tenant and/or Tenant's representative may join in such inspection unless Tenant's representative may join in such inspection unless Tenant vacates the premises without prior notice of Management. 9. Entry of Premises During Tenancy ' A. Management shall, upon reasonable advance notification to Tenant, be permitted to enter the dwelling unit during reasonable hours for the purpose of performing routine inspections and maintenance, (Including extermination services) for making improvements or repairs, or to show the premises for re-leasing. n^�i�cnnni 10 B. Management may enter the premises at any time without advance notification where there is reasonable cause to believe that an emergency exists. C. In the event that the Tenant and all adult members of Tenant's household are absent from the premises at the time of entry, Manage- ment shall leave on the premises a written statement specifying the date, time and purpose of entry prior to leaving the premises. 10. Procedures of Giving Notice A. Except as provided in Section 9, notice to Tenant shall be in writing and delivered to Tenant or to an adult member of Tenant's household residing in the dwelling or sent by prepaid first-class mail, properly addressed to Tenant. B. Notice of Management shall be in writing, delivered to the Project Office or Management Central Office or sent by prepaid first-class mail, properly addressed. 11. Procedures for Termination of Lease A. Management shall not terminate or refuse to renew this Lease other than for serious or repeated violation of material terms of the Lease such as failure to make payments due under the Lease or to fulfill the Tenant obligations set forth in Section 6 herein, or for other good cause. B. Management shall give written notice of the proposed termination of the Lease of: 1. Fourteen (14) days in the case of failure to pay rent; 2. A reasonable period of time considering the seriousness of the situation(but not to exceed thirty (30) days): A. If the health or safety of other residents, Management employees, or persons residing in an immediate vicinity of the premises is threatened; or B. If any member of the household is engaged in any drug- related criminal activity or violent criminal activity; or C. If any member of the household has been convicted of a felony; or 02/26!2001 7 f 1 D. Thirty (3) days in any other case. 3. Thirty (30) days in any other case. C. (1) The Notice of Termination to Tenant shall state specific reasons or for the termination, and shall inform Tenant of his or her right to make such reply as he or she may wish, and of Tenant's right to examine Authority documents directly relevant to the termination or eviction. (2) When the Authority is required to offer Tenant the opportunity for a grievance hearing, the notice shall also inform Tenant of the right to request such a hearing with the Director of Operations within ten (10) working days of receiving the original termination notice. Notwithstanding the foregoing, the Tenant shall have no right to request a hearing in cases involving a termination of tenancy for: A. Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises of other residents or employees of Management. B. Any violent or drug-related criminal activity on or off such premises; or C. Any criminal activity that resulted in a felony conviction of a household member. D. Upon expiration of the applicable notice period as set forth in the written notice provided to the Tenant, set forth in Paragraph B above, and if applicable, upon failure of Tenant to request a hearing with the Director of Operations,as set forth in Paragraph B above, then management shall give written notice specifying that if Tenant fails to vacate the premises within the applicable period, set forth herein, appropriate action will be brought against the Tenant, and the Tenant may be required to pay the costs of court and attorney's fees. The notice to vacate or quite shall provide that: 1. In case of failure of the Tenant to satisfy any rent reserved and due, the notice shall specify that Tenant shall remove within ten (10) days from the date of service of the notice; and 2. In case of breach of any of the conditions of the Lease, except for the payment of rent, the notice shall specify that 02/26/2001 Tenant shall remove within fifteen (1 5) days from the date of service thereof. E. If a Tenant is late in paying the rent four(4) times in a one-year period, the Housing Authority may not renew a Lease with Tenant. 12. Grievance Procedure All disputes concerning the obligations of the Tenant or management under this lease, except the proceedings pursuant to an action in ejectment, shall be processed and resolved pursuant to the grievance procedure of management in effect at the time such grievances or appeal arises, which procedures are to be posted in the management office and/or incorporated herein by reference. 13. Waiver By failure to exercise any available right or remedy as is provided herein, neither Management nor tenant shall waive the right to do so at a later date for similar or other causes. 14. Modifications Any modification of this lease shall be accomplished by a written rider to the lease executed by Management and Tenant, except for rent redeterminations, which are to be accomplished by the procedures in Section 3 herein and schedules of special charges for services, repairs and utilities and rules and regulation which are incorporated in the lease by reference, which are to be publicly posted in a conspicuous manner in the Project Office and shall be furnished to Tenant on request. In such schedules, rules and affected Tenant setting for the proposed modification, the reasons therefore and provide the Tenant an opportunity to present written comments which shall be considered by Management prior to the effective date of the proposed modifications. 15. The "Tenant Handbook and House Rules of the Development are incorporated herein by reference, as if set forth in their entirety, and are a dwelling lease addendum provided to the Tenant prior to lease signing. t 02/26/2001 13 IN WITNESS WHEREOF, the parties hereto have hereunto set their hand and seals the day and year first above written. THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND f t ss ness Tenant Tenant I mn4nnni .l4 SURETY"CLAUSE L I Imp L ����G of-,-5H S.a Zvi eller SST' do hereby agree to be responsible to the Housing authority of the County of Cumberland, or its assigns, for the true and faithful perf rma�ce of the above-names Residential Dwelling Lease on the part of L , the tenant above named. I further acknowledge that I have read the t ms of the Residential Dwelling Lease and acknowledge the responsibilities for the payment of rent and any other charges due to management pursuant to the Residential Dwelling Lease, more specifically as provided for under Paragraph 11 (E). I understand my failure to make said management to terminate the Residential Lease and to further seek payment from me. WITNESS file: lease.doc 02/26/2001 is HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND MANAGEMENT REGULATIONS In accordance with Paragraph 6 of the Dwelling Lease, the following Management regulations shall apply: 1. Management shall retain the responsibility for care and upkeep of lawns, snow removal (sidewalks only - not private entrance), and those maintenance items in areas that are considered public or common space. 2. Nothing whatsoever shall be thrown from the windows or swept or thrown out of the doors of any dwellings. 3. Tenants shall not make any alterations or repairs to the premises or to the equipment therein, and shall not install.any additional locks or fixtures without having obtained the prior consent of Management in writing. In addition, all electrical wiring shall be done or supervised by Management. 4. Tenants shall not permit their children or visiting children to play on community areas not provided for such purposes. 5. Sidewalks, stairways, shall not be obstructed, nor used for any purpose other than to exit from or enter dwellings. 6. Tenants shall report immediately to the Management Office and to the appropriate health authorities any case of infections or contagious diseases occurring in the premises. 7. Tenants shall not carry on any business or display signs of any type in or about the premises. 8. Tenants shall not keep animals on the premises. Exception would be a seeing eye dog for a blind tenant. 9. Tenants shall not keep or use flammable materials in the premises or storage i rooms. 10. Tenants shall not burn trash or start fires of any type on the premises. f 11. Management in all cases shall retain the right to control and prevent access into the buildings and grounds of all persons whom it considers undesirable. 16 12. If at the termination of the Lease for anNo- reason, Tenants vacate the premises leaving behind and abandoning any personal property including furniture. clothing or any other personal effects, Management will dispose of such property. The cost of such disposition shall be charged to the Tenant. This action shall apply only in those cases where prompt disposition of abandoned property is required in order to rent a vacated unit and is not to be utilized as a distraint for rent or other charges. 13. Management shall not be responsible for articles left with any of its employees. 14. Any automobile or other vehicle owned by or used by a tenant or member of his family shall be parked only in parking areas designated by Management. Abandoned cars or other motor vehicles shall be towed at the owner's expense following proper legal notification. All tenant's cars must have a parking sticker displayed on rear bumper, must have valid inspection and registration, and must be operable, otherwise vehicle will be subject to towing at the owner's expense following proper legal notification. Vehicles are to be pulled into parking spaces, not to be backed into spaces. 15. Tenant shall pay all necessary legal fees expended by Management for enforce- ment of the provisions of this Lease Agreement. 16. The TENANT is permitted to keep a seeing eye dog for site impaired tenant in his/her dwelling unit (subject to the provisions in 24 CFR Part 942 and the pet rules promulgated under 24 CFR Part 942). Any pet rules promulgated by the LANDLORD are attached hereto and incorporated hereby. The TENANT agrees to comply with these rules. A violation of these rules may be grounds for removal of the pet or termination of the TENANT'S (pet owner's) tenancy(or both), in accordance with the provisions of 24 CFR Part 243 and applicable regulations and State or local law. These regulations include 24 CFR Part 966 (Lease and Grievance Procedures) and provisions governing the termination of tenancy under the Section 8 housing assistance payments and project assistance payments programs. Note: Part 942 does not apply to animals that are used to assist the handicapped who reside in the project or who visit the project. (Optional): The LANDLORD may after reasonable notice to the TENANT and during reasonable hours, enter and inspect the premises. Entry and inspection is permitted only if the LANDLORD ha received a signed, written complaint alleging or the LANDLORD has reasonable grounds to believe that the conduct or condition of a pet in the dwelling unit constitutes, under applicable State or local law, a nuisance or a threat to the health or safety of the occupants of the project or other persons in the community where the project is located. = 02;M 2200 1 17 If there is no State or local authority or designated agent of such an authority authorized under applicable State or local law to remove a pet that becomes vicious, displays symptoms of severe illness, or demonstrates other behavior that constitutes an immediate threat to the health or safety of the tenancy as a whole, the LANDLORD may enter the premises (if necessary), remove the pet. and take such action with respect to the pet as may be permissible under State and local law,which may include placing it in a facility that will provide care and shelter for a period not to exceed 30 days. The LANDLORD shall enter the premises and remove the pet or take such other permissible action only if the LANDLORD request the TENANT (pet owner) to remove the pet from the project immediately, and the TENANT (pet owner) refuses to do so, of if the LANDLORD is unable to contact the TENANT (pet owner) to make a removal request. The cost of the animal care facility shall be paid by the tenant. 17. After hour emergencies are restricted to: lockouts, gas leaks, electrical problems or broken water pipes. Call 245-0516 and the answering service will dispatch the call to maintenance on duty. 18. No yard hoses are permitted. Do not wash cars on property, do not do other people's laundry, and swimming pools are prohibited. The Housing Authority pays the water and sewer and this is grounds for eviction. 19. On the day we check sites, if there is trash at your door or surrounding your unit, you will be charged $15.00 a bag for our staff to pick it up (this also pertains to loose trash). 20. No waterbeds will be permitted on second floors. 21. Inspections are free of charge. If staff has to come back and check the unit a second time for failure the tenant will be accessed a$10.00 charge. The third time will also result in another$10.00 charge. If after the third time no attempt has been made at improvement, this is grounds for eviction. We have house- keeping classes available to all tenants. 22. (1) Management shall terminate the tenancy if Management determines that any member of the household has been convicted of drug-related criminal activity for manufacture or production of methamphetamine on the premises of federally assisted housing. (2) The Lease shall be terminated for any drug-related criminal activity engaged in, on or off the premises by any Tenant, member of Tenant's household or guest, and any such activity engaged in on the premises by any other person under the Tenant's control. 02/26!2001 is (3) Management may evict a family when Management determines that a household member is illegally using a drug or when Management determines that a pattern of illegal use of a drug interferes with the health, safety, or right to peaceful enjoyment by other residents. (4) Any criminal activity by a covered person that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents (including Management Staff residing on the premises) or threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises is grounds for termination of tenancy. (5) Management may terminate the Lease if a 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 violating a condition of probation or parole imposed under federal or state law. (6) Management may evict the Tenant by judicial action for criminal activity in accordance with this section if Management determines that the covered person has engaged in the criminal activity, regardless of whether the covered person has been arrested or convicted for such activity and without satisfying the standard or proof used for a criminal conviction. (7) For purposes of this section, covered person means a Tenant, any member of the Tenant's household, a guest or another person under the Tenant's control. (8) Drug-related criminal activity means the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute or use the drug. (9) Tenancy may be terminated if Management determines that a household member has: a. Engaged in abuse or a pattern of abuse of alcohol that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents; or b. Furnished false or misleading information concerning illegal drug use,alcohol abuse, or rehabilitation of illegal drug users or alcohol F abusers. f s 02/26/2001 19 (10) A single violation of any of the provisions, of the aforesaid. shall be deemed a serious violation and a material non-compliance with the Lease and good cause for termination of tenancy. (11) It is agreed and understood that Management has adopted a"one strike, you're out"or"zero tolerance"policy with respect to violations of Lease terms regarding criminal activity and abuse of alcohol that impacts upon the health, safety, right to peaceful enjoyment of the premises by other residents. t 1 1 02!26,2001 20 LEASE ADDENDUM All new leases and lease renewals require tenants at the Housing Authority's discretion to abide by the following checked regulations(s): Monthly Home Inspections Mandatory Attendance to Budget Counseling Classes Mandatory Attendance to Parenting Classes Mandatory Attendance to Life Skill/Housekeeping Classes Any Rent Due Must Be On Time According To The Lease Cleanliness of the Apartment Including Weekly Trash Removal Please be advised that failure to comply with all the terms checked will result in eviction. A AGER ENANT ht D 3?1 DATE -DATE i 02!26/2001 RESMENI7 ';DWELLING LEASE ADDENDUM FALYA LY PUBLIC HOUSING This louse Addendum made this day o 20shau attached to the original lease for your apartment located at ��10.�c •� �� " . PA— By the signing of this agreement)your original lease shall be extended one year from the M*sdon date of the original document All prescribed rules and regulations incorporated in this,the original lease,shall also be extended for this time period. After vempleting a review of your family composition and household income your rent begiming and ending at nddnight on J `�S shall be 5`Q°payable not later than C� �„ , A utility reimbursement of per month if applicable shall be paid to the utility supplier by PHA for the Tenant; Thereafter,monthly rent shall be due on or before the first day of each month. A late charge of$25.00 shall be imposed for any mat not received by the fifth working day ofthe month.. . ❑This is the flat rent for the Premises rent is based on the income and other • . information reported by the Tenant.. MEMBER OF TENANT'S HOUSEHOLD HAVING RIGHT OF OCCUPANCY: • 0— 44 Unit) No other person is permitted to tesside permanently in the household unless the Housing Manager Smuts you WRITTEN PERMISSION to add that person to your household. IN WMWSS'WWREOF,the parties hereto have hereunto set their hands and seals the day and year above written. THE HOt'SI!IG AUTHORITY OF THE l eNTY OF CUNMERL AND WnwW WITMSS PffiqAff ASS .TFNANT EXHIBIT "B" w raw fAH ' CUMBERLAND I i, 0 0 AND HOUSING a • s PUBLIC FAMILY HOUSING April Edwards Public Family Housing Resident Manager i July 23, 2013 Kimberly Hunte 1372 Grandview Ct. Carlisle,PA 17013 Dear Ms. Hunte: On July 15,2013,were sent a letter informing you that we were terminating your lease due to failure to comply with the non-renewal process.You were given the right to an informal hearing with me today at 1:30 p.m.and you failed to show. Effective August 13,2013,your lease will be terminated due to non-compliance,specifically Section 3.A.Terms and conditions of your lease.To furnish accurate information to management annually at a time to be set by management as to family income,employment and family composition. You have the right to appeal this decision through the formal hearing process with the Hearing Officer. We must receive your written request for a formal hearing within five(5)business days from the date of this letter. You may mail or hand deliver your written request to our office at 60 W. Penn St., Carlisle,PA 17013 or fax your written request to us at(717) 245-0374 within the required timeframe. If you fax your request,you must call our office at(717)245-0516 to confirm we received the fax. You also have the right to examine documents directly relevant to the lease termination. You may contact our office at(717)245-0516,if desired,to schedule a time at which you can examine documents directly pertaining to the termination. If you do not request a formal hearing,or if after the formal hearing,the Hearing Officer's decision remains the same,then you will be provided with an eviction notice from our attorney setting forth the date upon which you are to vacate your apartment. Cce r I y,ra Edwards, Resident Manager PUBLIC FAMILY HOUSING EXHIBIT "C" better places, better lives CUMBERLAND COUNTY,HOUSING AUTHORITY 60 W.Penn St.• Carlisle PA 17013• aedwards @cchra.com P 717-245-0516 F 717-245-0374 NOTICE TO QUIT Name of Landlord: Housing Authority of the County of Cumberland Name of Tenant: Kimberly Hunte Leased Premise: 1372 Grandview Ct. Date of NOTICE TO QUIT: October 1, 2013 To: Ms. Hunte: You shall have 15 days from the date of your receipt of this letter to vacate the premises at 1372 Grandview Ct. Carlisle, Pa 17013. This eviction is based on the following: Failure to comply with the lease renewal process. spectfully, A ril Edwards, Resident Manager PUBLIC FAMILY HOUSING EXHIBIT "D" AFFIDAVIT OF SERVICE 1,the undersigned adult individual,having been duly sworn upon my oath state that I did serve a copy of the attached Notice to Quit upor�K 1 L A U j - 'L the Tenant, by personally placing one copy of the Notice to Quit on t e Tenant's door(s) at the eased Premises, Y-3-nd V i p W + , Carlisle, PA 17013 on 2013 at a.m./p.m. — Server/I Subscribed and sworn to before me the Und signed Notary Public on�_day of 92013. 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N G0 (n W A N = A A W a) N A O N N O N v m D D D D D D D D D D D D D C1= -< W X �_ W co W L co I N N X N N N ; N � N N M CD O CD 4 . r CERTIFICATE OF SERVICE I hereby certify that on NovemberdLip, 2013, I, Tricia D. Naylor, Esquire, of Baric Scherer LLC, did serve a copy of the Complaint, by first class U.S. mail, postage prepaid, to the; party listed below, as follows: Kimberly Hunte 1372 Grandview Court Carlisle, Pennsylvania 17013 Trici D. Naylor,CLquire if':.= ;0Iti0... 0if . , 2 I3 DEC -3 PM 3: C5 CUMBERLAND COUNTY PENNSYLVANIA 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 P jNNSYLVANIA COUNTY OF /usi4/��d ; ss AFFIDAVIT: I hereby(swear)(affirm)that I served Ni/ I3-(714003 . a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Judge designated therein on (date of service) Ii , 20 13 , ❑ by personal service �by(certified)(registered)mail, sender's receipt attached hereto, and upon the appellee, (name) , on (FAry1,(, 'Ritit c fuws_i nc\ II , 20 13 ❑by personal service❑ ✓by(certified)(registered)mail, sender's receipt attached hereto. (SWORN)(AFFIRMED)AND SUB CRIBED BEFORE ME THIS 3 DAY OF 12 , 20 s 'frkC Signa i4' .. icial bef a wh affidavit was made ig ature o affian "befe6 Title of official My commission expires on ,20 Prothonotary,Cumberland County,Carlisle,PA My Commission Expires the First Monday;of Jan.2014 AOPC 312A-05 HOUSING AUTHORITY OF THE • IN THE COURT OF COMMON PLEAS OF COUNTY OF CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • • v. • NO. 2013-6603 CIVIL TERM KIMBERLY HUNTE • 1372 Grandview Court • EJECTMENT Carlisle, Pennsylvania 17013 • Defendant • CIVIL ACTION MOTION TO ENTER DEFAULT JUDGMENT IN EJECTMENT AND FOR MONEY DAMAGES NOW, comes Housing Authority of the County of Cumberland, Plaintiff, by an§Rirough its C - attorneys, BARIC SCHERER LLC, and files the within Motion to Enter Default Judgr Land--in support thereof, sets forth the following: 1. Plaintiff, Authority, is a public body and body corporate and politic created and organized, in accordance with the Housing Authorities Law, with an address of 114 North Hanover Street, Carlisle, Pennsylvania 17013. 2. Defendant, Kimberly Hunte, is an adult individual with a residence address of 1372 Grandview Court, Carlisle, Pennsylvania 17013. 3. Plaintiff is the owner of a certain residential real property known as 1372 Grandview Court, Carlisle, Pennsylvania 17013 ("leased premises"). 4. On or about November 7, 2013, Defendant filed an appeal from a Magisterial District Judge Judgment, Praecipe to Enter Rule to File Complaint upon Plaintiff and Petition to Proceed In Forma Pauperis. 5. Petition to Proceed In Forma Pauperis was granted on November 13, 2013 and the Praecipe to Enter Rule to File Complaint was served upon Plaintiff. 6. On November 26, 2013, Plaintiff filed a Complaint against Defendant with a Notice To Defend attached thereto. A true and correct copy of the Complaint and Notice to Defend are attached hereto as Exhibit"A" and incorporated herein by reference. 7. On December 19, 2013, Plaintiff sent a Notice of Default to Defendant in accordance with Pa.R.C.P. 237.1. A true and correct copy of the Notice of Default is attached hereto as Exhibit"B" and incorporated herein by reference. A true and correct copy of the Certificate of Mailing for the Notice of Default is attached hereto as Exhibit "C" and incorporated herein by reference. 8. Defendant is in default for failure to file an Answer to Plaintiffs Complaint. 9. In accordance with Pa.R.C.P. 1037(c), the court may enter an appropriate judgment against a party upon default. 10. Plaintiff request judgment in ejectment. 11. Plaintiff requests judgment in the amount of$889.48 as set forth in the Complaint,plus $242.00 in additional rent for the months of December and January and legal fees of$100.00 for a total of$1,231.48. 12. The Honorable Judge Masland has previously signed an Order granting Defendant's Petition to Proceed In Forma Pauperis. WHEREFORE, Plaintiff requests a judgment in its favor and against Defendant, Kimberly Hunte in the amount of$1,231.48 together with an Order of Ejectment against the Defendant, Kimberly Hunte and all others who may be residing in the premises. Respectfully submitted, BA CSC' RERL� Air Tric . D. Naylor, squire I.D. # 83760 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 CERTIFICATE OF SERVICE I hereby certify that on January to , 2014, I, Tricia D. Naylor, Esquire, of Baric Scherer LLC did serve a copy of the Motion to Enter Default Judgment in Ejectment and for Money Damages, by first class U.S. mail,postage prepaid, to the party listed below, as follows: Kimberly Hunte 1372 Grandview Court Carlisle, Pennsylvania 17013 Tricia D. Nay or, Esq ' e HOUSING AUTHORITY OF THE : IN THE COURT OF COMMON PLEAS OF COUNTY OF CUMBERLAND : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff • • C) V. • NO. 2013- 6603 CIVIL TERM c • mrn rT: KIMBERLY HUNTE • EJECTMENT CLD 1372 Grandview Court • -<v rn `' Carlisle, Pennsylvania 17013 • CIVIL ACTION _ Defendant `=? 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 an attorney and filing in writing with the court,your defenses or objections to the claims set forth against you. You are warned that if you fail to do so,the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 EXHIBIT "A" N P HOUSING AUTHORITY OF THE : IN THE COURT OF COMMON PLEAS OF COUNTY OF CUMBERLAND : CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiff • • • v. • NO. 2013- 6603 CIVIL TERM KIMBERLY HUNTE • EJECTMENT 1372 Grandview Court • Carlisle,Pennsylvania 17013 • CIVIL ACTION • Defendant • COMPLAINT NOW, comes Plaintiff, Housing Authority of the County of Cumberland("Authority"), • by and through its attorneys, BARIC SCHERER LLC, and files the within Complaint and, in support thereof, sets forth the following: 1. Plaintiff, Authority, is a public body and body corporate and politic created and organized, in accordance with the Housing Authorities Law,with an address of 114 North Hanover Street, Carlisle, Pennsylvania 17013. 2. Defendant, Kimberly Hunte ("Hunte"), is an adult individual with a residence address of 1372 Grandview Court, Carlisle, Pennsylvania 17013. 3. Plaintiff is the owner of a certain residential real property known as 1372 Grandview Court, Carlisle, Pennsylvania 17013 ("leased premises"). 4. On or about October 2, 2008,the parties entered into a Residential Dwelling Lease Agreement for Family Public Housing("Lease Agreement") for the leased premises. A true and correct copy of the Lease Agreement is attached hereto as Exhibit"A" and is incorporated by reference. 5. The Defendant is identified as the Tenant and the Plaintiff is identified as Management under the Lease Agreement. 6. The lease was renewed for additional one year terms. A true and correct copy of the Lease Addendum("Lease Addendum") is attached hereto as Exhibit`B"and is incorporated by reference. 7. The lease term ended September 30, 2013. 8. The Lease Addendum set rent at$356.00 per month during the term of the lease. 9. Defendant's monthly rent was reduced to$121.00 per month effective February 1, 2013 due to a change in employment. 10. The Lease Addendum provides for a late charge in the amount of$25.00 for rent not paid by the fifth working day of the month. 11. Item 3, Paragraph A of Lease Agreement provides, "[t]enant agrees . . . to furnish accurate information to Management annually at a time to be set by Management as to family income, employment and family composition." 12. On or about July 23,2013, Plaintiff sent notice to Defendant that it was not renewing the lease due to Defendant's failure to comply with the renewal process and failing to furnish accurate information to management. A true and correct copy of the letter is attached hereto as Exhibit"C"and is incorporated by reference. 13. Defendant failed to request an appeal of Plaintiff's decision not to renew Defendant's lease. 14. On or about October 1, 2013, Plaintiff provided Defendant with a 15 day Notice To Quit. A true and correct copy of the Notice To Quit and Affidavit of Service is attached hereto as Exhibit"D"and incorporated herein by reference. 15. Defendant failed to vacate the premises by October 16, 2013. 16. The Lease Agreement provides for the recovery by Plaintiff of all necessary legal fees to enforce the provisions of the lease agreement. 17. As of October 29, 2013, Defendant owed rent, late fees and other charges in the amount of$342.00 and attorney's fees and court costs of 276.48. 18. Additional rent, pest control fee and late charge have accrued in the amount of $171.00. A true and correct copy of the Tenant's Account History is attached hereto as Exhibit "E"and incorporated herein by reference. 19. Additional attorney's fees have been incurred by Plaintiff in the amount of $100.00. COUNT I-EJECTMENT 20. Plaintiff incorporates by reference paragraphs one through nineteen as though set forth at length. 21. On October 1, 2013, Defendant was served with the Plaintiff's Notice to Quit. 22. Defendant refused to vacate premises after expiration of the applicable notice period. 23. Defendant has breached her obligation to pay rent, late charges, and other fees for the leased premises to Plaintiff. 24. Defendant has breached her obligations to furnish accurate information to Management annually during the recertification process. 25. Defendant has breached her obligation to pay legal fees to Plaintiff. 26. The term of the Lease Agreement has expired. 27. By virtue of Defendant's breach of her obligations under the Lease Agreement and by virtue of the expiration of the lease term, Plaintiff is entitled to possession of the premises. WHEREFORE,Plaintiff requests judgment in ejectment be entered in its favor and against Defendant and all others who may be residing in the premises together with costs and expenses of this action. COUNT II—BREACH OF CONTRACT FOR RENT,OTHER FEES AND CHARGES 28. Plaintiff incorporates by reference paragraphs one through twenty-seven as though set forth at length. 29. As of October 29, 2013, Defendant owed rent, late fees and other charges in the amount of$342.00 and attorney's fees and court costs of 276.48. 30. Additional rent,pest control fee and late charge have accrued in the amount of $171.00. 31. Additional attorney's fees have been incurred by Plaintiff in the amount of $100.00. 32. By virtue of Defendant's failure to pay the debt owed to Plaintiff, Defendant has breached the terms of the Lease Agreement. WHEREFORE,Plaintiff requests judgment in its favor and against Defendant in the amount of$889.48,plus any additional charges for rent, late fees, other charges, legal fees and costs which may become due and payable after November 26, 2013. Respectfully submitted, B A ' CSC ERER LLC Tri'is D.Nayl• Esquir- I.D. # 83760 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they 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. § 4904 relating to unworn falsifications to a orities. DATE: 1 aul i6 a ct,`, V A it Edwards, Resident Manager for Housing Authority of the County of Cumberland • a . • RESIDENTIAL DWELLING LEASE FAMILY PUBLIC HOUSING PLEASE TAKE NOTICE THAT THIS AGREEMENT IS TO BE.READ IN DETAIL PRIOR TO SIGNING. THIS LEASE AGREEMENT ALSO.PROVIDES FOR CERTAIN WAIVERS, WHICH ARE SPECIFIED HEREIN IN MORE DETAIL. IN SIGNING THIS LEASE AGREEMENT,YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND ANY AND ALL PROVISIONS HEREIN. THIS AGREEMENT made this 54'n day of (Q belle" , 2002. by and between THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND (hereinafter referred to as "MANAGEMENT") and KInAlo.e( 14..,,rvk (hereinafter referred to as "TENANT"): Management relying on the representations made to it by Tenant as to Tenant's household composition and the employment and income levels of Tenant and all members of Tenant's household; and in consideration of the rentals herein reserved; WITNESSETH: That Management does hereby lease to Tenant and Tenant'does hereby hire from Management, upon Terms and Conditions set forth herein, for the sole use and occupancy of Tenant and members of Tenant's household named herein, the premises known and described a follows (hereinafter referred to as"PREMISES") D.U. No.: $0 a 7 No. of Bedrooms: 3 Project QO 3 Address 1312 G(Ara Ii ) G . City C tit. L MEMBERS OF TENANT'S HOUSEHOLD HAVING RIGHT OF OCCUPANCY: K, ry,h-efui • k416-. - l EXHIBIT "A" , TERMS AND CONDITIONS 1. Term of Lease: Renewal Provisions. This Lease, and Tenant's right of occupancy hereunder, shall commence as of e- b { Cc , 2002.. and shall continue for one year,provided, however, that in the absence of a notice to terminate pursuant to Section 11 herein,this Lease will automatically be renewed for the successive term of one(1)calendar month upon payment each month by the Tenant of the rental in the amount and manner specified in Section 2 herein or in such amount and manner specified in Section 2 herein or in such amount and manner as may be required by an adjustment that may henceforth be made by endorsement at the end of this Lease in accordance with the provisions of Section 3 herein. 2. Payments Due Under the Lease: A. Rent for the period beginning JQA-their � ZGri . and ending at midnight epkc n[Q/ 3p1- 3 shall be$ , .00 ,payable not later than 10 - en— . Thereafter,monthly rent in that amount of $ �.00 shall be due on or before the first day of each month. The payment of the full amount of the monthly rent and other charges when due is deemed to be a material term of this Lease for which repeated violations shall be considered good cause for Management to terminate or refuse to renew this Lease. A service charge of$25.00 would be charged for all rent not paid by the fifth working day of the month. Any election by Management to terminate or refuse to renew this Lease.for serious or repeated failure of tenant to make full and timely payments, shall be in addition to any late charges imposed under the terms of this Lease. B. Utilities: Management agrees to furnish sewer and water. No charge shall be imposed for providing this utility at sites under Project Number PA26-P075- 001/002. Consumption exceeding the following useages at the sites under Project Number PA26-PO75-003 on a quarterly basis will be charged for consumption in excess of the following figures based on current water and sewer rates. Two Bedroom Unit 762 Gallons Three Bedroom Unit 988 Gallons Four Bedroom Unit 1162 Gallons Management will not be responsible for failure to furnish this utility by reason of any cause beyond its control. All utility services not expressly listed herein as to be furnished by Management shall be furnished, by and at the expense of the tenant. C. Management shall furnish Range and Refrigeration appliances and shall provide routine Maintenance Services, therefore. 02/26/2001 3 D. A schedule of Charges to Tenants for maintenance and repair beyond normal wear and tear shall be posted in the Management office. Charges shall be due and payable the first day of the second month following the month in which the charge is incurred. E. Security Deposit: Tenant agrees to pay to Management a Security Deposit equal to the amount of the Total Tenant Payment or $50.00 (whichever is greater). The security deposit is to be used by Management at the Termination of the lease toward reimbursement of the cost of repairing any intentional or negligent dames to the dwelling unit caused by Tenant,his family, guest, or dependents, and any rent or other charges owed by Tenant. Payment of the security deposit is to be made upon occupancy. Management agrees to deposit such security deposit in an interest-bearing account, crediting such interest as may accrue to Tenant's security deposit. Management agrees to return the security deposit, with such accrued interest as may have been earned, to Tenant when he vacates, less any deductions for any of the cost indicated above. If such deductions are made, Management will give Tenant a written statement of any such costs for damages and/or other charges to be deducted from the security deposit. The security deposit may not be used to pay rent or other charges while Tenant occupies the dwelling unit. F. Management shall comply with State Law requirements concerning use of security deposit funds, their placement in interest-bearing escrow bank accounts, accountability to Tenant for interest earned thereon, and all other obligations. 3. Determination of Rent, Dwelling, Size and Eligibility: A. Tenant agrees to report any and all changes in family composition or income to Management in writing within ten (l 0) calendar days of such change and to furnish accurate information to Management annually at a time to be set by Management as to family income, employment and family composition. This information shall be for the use of Management in determining whether the rental shall be changed, whether the dwelling size is still appropriate for Tenant's needs and whether Tenant is still eligible to occupy low-rent housing. Tenant hereby authorizes Management to verify all sources of income. Any predetermination made as a result of information thus furnished shall be made in accordance with the approved Occupancy and Admission Policy, copies of which are available in the Management Office. B. Rentals fixed in Section 2 hereof or as adjusted pursuant to this Section will remain in effect for the period between rent predetermination unless it shall be shown that the Tenant has misrepresented or failed to report to Management the facts upon which his rent is based, in which event Management reserves the right to redetermine the rent retroactively as of the date of such misrepresentation or failure to report facts, and to hold Tenant liable for any additional rent thus determined to be due. • 4 C. In the event Tenant's rent is redetermined pursuant to this Section, Management shall mail or deliver a"Notice of Rent Adjustment" to Tenant in accordance with paragraph 10 hereof In case of a rent decrease, the adjustment shall be effective the first day of the month following the change in circumstances, provided that the Tenant has timely reported such change. In the case of a rent increase, the adjustment will become effective the first day of the second month following the change, except that such rent increase may be retroactive where there is a finding of misrepresentation in accordance with subsection B herein. D. If the Tenant is ineligible for continued occupancy because of a change in income or family size, the Tenant shall not be evicted unless the Housing Authority 1) has identified for possible rental of the family, a unit of decent, safe, and sanitary housing at a suitable size available at a rent not exceeding 30% of adjusted income or 2) is required to do so by local law. E. If no unit of appropriate size exists, or becomes available in the Development, the Tenant may be required to vacate the premises within twelve(12) months after the family size no longer conforms to said occupancy limits. However,at the end of said 12 month period, if the Tenant is unable due to special circumstances, to find decent,safe and sanitary housing within the family's financial means and of the appropriate unit size after making every reasonable effort to do so, the Director of Operations or his designee, after investigation may permit the Tenant to continue in occupancy for the duration of such situation. If Tenant is permitted to continue in occupancy, the Tenant must recognize that the family has a continuing responsibility to work with Management to obtain appropriate housing on the private market within Tenant's financial means. 4. Occupancy. Tenant shall have the exclusive right to use and occupancy of the leased premises. Guests or visitors of tenant may be accommodated for a period of no more than three(3) days in any one-month: not to succeed fourteen (14) days in a one- year period. In the event tenant wishes to accommodate guests or visitors for a period in excess of the limitations above, or to care for foster children, or to provide live-in care of a member of the tenant's family, tenant must notify Management in writing, stating the reasons for such extended accommodations and obtain Management's approval of such arrangements. Management's decision shall be final. 5. Obligations of Management. Management shall have the following obligations under this Lease Agreement: A. To maintain the premises and the project in decent,safe and sanitary conditions; B. To comply with requirement of applicable building codes, housing codes, and HUD regulations materially affecting health and safety; nl in inn i C. To make necessary repairs to the premises; D. To keep project buildings. facilities and common areas not otherwise assigned to the Tenant for maintenance and upkeep, in a clean and safe condition. E. To maintain in good and safe working order and condition electrical, plumbing, sanitary,heating, ventilating, and other facilities and appliances, supplied or required to be supplied by Management; F. To accept rental money without regard to any other charges owed by Tenant to Management and to seek separate legal remedy by the collection of any other charges which may accrue to Management from Tenant. 6. Obligation of Tenant. Tenant shall have the following obligations under this Lease Agreement: A. Not to assign the lease or sub-lease the premises. B. Not to provide accommodations for boarders or lodgers. Boarders or lodgers shall be defined to be any persons who stay overnight in excess of three (3)days in any one-month or fourteen(14) days in any one year period. C. To use the premises solely as a private dwelling for Tenant and Tenant's household as identified in the Lease, and not to use or permit its use for any other purpose. D. To abide by necessary and reasonable regulations promulgated by • the Management for the benefit and well-being of the Housing project and the Tenants,which Handbook shall be posted in the Management Office and which are incorporated by reference in this Lease; violation of the provisions and regulations of the Handbook constitutes a violation of this Lease. B. To comply with all obligations imposed upon Tenants by applicable provisions of building and housing codes materials affecting health and safety. F. To keep the premises and such other areas as may be assigned to Tenant for Tenant's exclusive use, in a clean and safe condition. except at handicapped units. Tenant is also required to keep stove and refrigerator clean and free from grease. 6 G. The lessee is required to make arrangements to have the electric companies directly notify the Cumberland County Housing Authority in the event these utilities are shut-off because of the failure to pay monthly bills, tenant will be evicted immediately. H. To dispose of all ashes, garbage, rubbish, and other waste from the premises in a sanitary and safe manner. On-site dumpsters are for daily trash only. All large furniture, appliances, etc.,must be hauled away at tenant's expense. I. To use only in a reasonable manner all electrical, plumbing, sanitary, heating,ventilating, and other facilities and appurtenances. J. To refrain from, and to cause Tenant's household and guests to refrain from destroying, defacing, damaging, or removing any part of the premises or project; K. To pay reasonable charges (other than for wear and tear) for the repair of damages to the premises, project buildings, facilities or common areas caused by Tenant, Tenant's household or guests in accordance with a schedule of charges as posted in the Management Office. L. To conduct himself or herself, and cause other persons who are on the the premises with Tenant's consent to conduct themselves in a manner which will not disturb Tenant's neighbors'peaceful enjoyment of their accommodations and will be conducive to maintaining the project in a decent, safe and sanitary condition. M. (I)Management shall terminate the tenancy if Management determines that any member of the household has ever been convicted of drug-related criminal activity for manufacture or production of methamphetamine on the premises of federally- assisted housing. (2) The Lease shall be terminated for any drug-related criminal activity engaged in, on or off the premises by any Tenant, member of Tenant's household or guest, and any such activity engaged in on the premises by any other person under the Tenant's control. (3) Management may evict a family when Management determines that a household member is illegally using a drug or when Management determines that a pattern of illegal use of a drug interferes with the health, safety, or right to peaceful enjoyment by other residents. 02./26/2001 7 (4) Any criminal activity by a covered person that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents (including Management Staff residing on the premises)or threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises is grounds for termination of tenancy. (5) Management may terminate the Lease if a Tenant is fleeing to 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 violating a condition of probation or parole imposed under federal or state law. (6) Management may evict the Tenant by judicial action for criminal activity in accordance with this section if Management determines that the covered person has engaged in the criminal activity, regardless of whether the covered person has been arrested or convicted for such activity and without satisfying the standard or proof used for a criminal conviction. (7) For purposes of this section, covered person means a Tenant, any member of the Tenant's household, a guest or another person under the Tenant's control. (8) Drug-related criminal activity means the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute or use the drug. (9) Tenancy may be terminated if Management determines that a Household member has: a. Engaged in abuse or a pattern of abuse of alcohol that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents; or b. Furnished false or misleading information concerning illegal drug use, alcohol abuse, or rehabilitation of illegal drug users or alcohol abusers. (10) A single violation of any of the provisions, of the aforesaid, shall be deemed a serious violation and a material non-compliance with the Lease and good cause for termination of tenancy. 8 (1 l) It is agreed and understood that Management has adopted a one strike,you're out"or"zero tolerance"policy with respect to violations of Lease terms, regarding criminal activity and abuse that impacts upon the health, safety, right to peaceful enjoyment of the premises by other residents. N. To permit Management, pursuant to the provisions of Section 9, entrance to the premises for the purpose of performing periodic inspections, routine maintenance, for making improvements or repairs,or to show the premises for re-leasing, (see 9 (A) of this Agreement). 0. To promptly notify Management of known need for any repairs to the leased premises, particularly of conditions hazardous to life, health or safety of the occupants; and to notify Management of known unsafe conditions in the common areas and grounds of the project which may lead to damage or injury. P. To give Management notice in writing when the premises are to be vacant for two weeks or more; such notice shall not render Management responsible for any personal property of any nature or description left in or on the leased premises during Tenant's absence. Q. To follow all rules and regulations prescribed by the Management, incorporated herein by.this reference thereto, concerning the use and care of the premises and of any common or community space in the development. R. Not to make any repairs or alterations without the written consent of the Management; not to display any signs whatsoever;not to use tacks, nails, or screws or other fasteners in any part inside or outside the premises, or to affix, attach, or in any manner erect,construct or install poles,pipes, rods,or wires to any part inside or outside of the premises, including but not limited to the use of tacks,nails or other fasteners or cement for the laying of: carpet, rugs or linoleum on the floor of Tenant's dwelling unit, except in the manner prescribed by the Management. S. To pay all necessary legal fees expended by Management for enforcement of the provisions of this lease agreement. T. Not to display, use, or possess or allow members of Tenant's house- hold or guest to display, use or possess any firearms(operable or inoperable),or other offensive weapons as defined by the laws and !19/14/9 11!1 1 9 courts of the Commonwealth of Pennsylvania anywhere in the unit or elsewhere on the property of the Authority. 7. Defects Hazardous to Life, Health or Safety. In the event that the premises are damaged to the extent that conditions are created which are hazardous to life, health or safety of the occupants: A. Tenant shall immediately notify Management of the damage; B. Management shall be responsible for repair of the unit within a reasonable time; provided, that if the damage was caused by Tenant, Tenant's household or guests, the reasonable cost of the repairs shall be charged to Tenant; C. Management shall offer standard alternative accommodations if available, in circumstances where necessary repairs cannot be made within a reasonable time, except if repairs are required if the damage was caused by Tenant, Tenant's household or guests. 8. Pre-Occupancy and Pre-Termination Inspections A. Management and Tenant or Tenant's representative shall inspect the premises prior to commencement of occupancy by Tenant. Manage- ment shall furnish Tenant with a written statement of the condition of the premises, the dwelling unit and the equipment provided with the unit. The statement shall be signed by Management in the Tenant's folder. B. At the time Tenant vacated, Management shall inspect the unit and shall furnish Tenant with a statement of any charges to be made in accordance with sub-section 6 (K). Management shall notify Tenant of the inspection, and Tenant and/or Tenant's representative may join in such inspection unless Tenant's representative may join in such inspection unless Tenant vacates the premises without prior notice of Management. 9. Entry of Premises During Tenancy A. Management shall, upon reasonable advance notification to Tenant, be permitted to enter the dwelling unit during reasonable hours for the purpose of performing routine inspections and maintenance, (Including extermination services) for making improvements or repairs, or to show the premises for re-leasing. • 10 B. Management may enter the premises at any time without advance notification where there is reasonable cause to believe that an emergency exists. C. In the event that the Tenant and all adult members of Tenant's household are absent from the premises at the time of entry. Manage- ment shall leave on the premises a written statement specifying the date, time and purpose of entry prior to leaving the premises. 10. Procedures of Giving Notice A. Except as provided in Section 9, notice to Tenant shall be in writing and delivered to Tenant or to an adult member of Tenant's household residing in the dwelling or sent by prepaid first-class mail,properly addressed to Tenant. B. Notice of Management shall be in writing, delivered to the Project Office or Management Central Office or sent by prepaid first-class mail, properly addressed. 11. Procedures for Termination of Lease A. Management shall not terminate or refuse to renew this Lease other than for serious or repeated violation of material terms of the Lease such as failure to make payments due under the Lease or to fulfill the Tenant obligations set forth in Section 6 herein, or for other good cause. B. Management shall give written notice of the proposed termination of the Lease of: 1. Fourteen (14)days in the case of failure to pay rent; 2. A reasonable period of time considering the seriousness of the situation(but not to exceed thirty (30) days): A. If the health or safety of other residents, Management employees, or persons residing in an immediate vicinity of the premises is threatened; or B. If any member of the household is engaged in any drug- related criminal activity or violent criminal activity; or C. If any member of the household has been convicted of a felony; or mn4nnn I it D. Thirty (3) days in any other case. 3. Thirty (30) days in any other case. C. (1) The Notice of Termination to Tenant shall state specific reasons or for the termination, and shall inform Tenant of his or her right to make such reply as he or she may wish, and of Tenant's right to examine Authority documents directly relevant to the termination or eviction. (2) When the Authority is required to offer Tenant the opportunity for a grievance hearing, the notice shall also inform Tenant of the right to request such a hearing with the Director of Operations within ten (10)working days of receiving the original termination notice. Notwithstanding the foregoing, the Tenant shall have no right to request a hearing in cases involving a termination of tenancy for: A. Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises of other residents or employees of Management. B. Any violent or drug-related criminal activity on or off such premises; or C. Any criminal activity that resulted in a felony conviction of a household member. D. Upon expiration of the applicable notice period as set forth in the written notice provided to the Tenant, set forth in Paragraph B above, and if applicable, upon failure of Tenant to request a hearing with the Director of Operations, as set forth in Paragraph B above, then management shall give written notice specifying that if Tenant fails to vacate the premises within the applicable period, set forth herein, appropriate action will be brought against the Tenant, and the Tenant may be required to pay the costs of court and attorney's fees. The notice to vacate or quite shall provide that: 1. In case of failure of the Tenant to satisfy any rent reserved and due, the notice shall specify that Tenant shall remove within ten(10) days from the date of service of the notice; and 2. In case of breach of any of the conditions of the Lease, except for the payment of rent, the notice shall specify that Tenant shall remove within fifteen (15) days from the date of service thereof. E. If a Tenant is late in paying the rent four(4) times in a one-year period. the Housing Authority may not renew a Lease with Tenant. 12. Grievance Procedure All disputes concerning the obligations of the Tenant or management under this lease, except the proceedings pursuant to an action in ejectment, shall be processed and resolved pursuant to the grievance procedure of management in effect at the time such grievances or appeal arises, which procedures are to be posted in the management office and/or incorporated herein by reference. 13. Waiver By failure to exercise any available right or remedy as is provided herein, neither Management nor tenant shall waive the right to do so at a later date for similar or other causes. 14. Modifications Any modification of this lease shall be accomplished by a written rider to the lease executed by Management and Tenant, except for rent redeterminations, which are to be accomplished by the procedures in Section 3 herein and schedules of special charges for services, repairs and utilities and rules and regulation which are incorporated in the lease by reference, which are to be publicly posted in a conspicuous manner in the Project Office and shall be furnished to Tenant on request. In such schedules, rules and affected Tenant setting for the proposed modification,the reasons therefore and provide the Tenant an opportunity to present written comments which shall be considered by Management prior to the effective date of the proposed modifications. 15. The "Tenant Handbook and House Rules of the Development are incorporated herein by reference, as if set forth in their entirety, and are a dwelling lease addendum provided to the Tenant prior to lease signing. mi,,,;)nn i • • 13 IN WITNESS WHEREOF,the parties hereto have hereunto set their hand and seals the day and year first above written. THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND �►��, .., ass f 11, ness/ Tenant Tenant 14 SURETY CLAUSE I I f mQY (d, (tin , of'5ItA qtAleier s2`T� , do herebv agree to be responsible to the Housing Authority of the County of Cumberland, or its assigns, for the true and faithful perf rm ce of the above-names Residential Dwelling Lease on the part of �t� C' {[a i , the tenant above named. I further acknowledge that I have read the t rms of the Residential Dwelling Lease and acknowledge the responsibilities for the payment of rent and any other charges due to management pursuant to the Residential Dwelling Lease, more specifically as provided for under Paragraph 11 (E). I understand my failure to make said management to terminate the Residential Lease and to further seek payment from me. WITNESS 3.9„4.0 duatit,-- , eglibA,rie•- /4)) eatA0-0 file: lease.doc n„nc innn i • 15 a HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND MANAGEMENT REGULATIONS In accordance with Paragraph 6 of the Dwelling Lease, the following Management regulations shall apply: 1. Management shall retain the responsibility for care and upkeep of lawns, snow removal (sidewalks only- not private entrance), and those maintenance items in areas that are considered public or common space. 2. Nothing whatsoever shall be thrown from the windows or swept or thrown out of the doors of any dwellings. 3. Tenants shall not make any alterations or repairs to the premises or to the equipment therein, and shall not install any additional locks or fixtures without having obtained the prior consent of Management in writing. In addition, all electrical wiring shall be done or supervised by Management. 4. Tenants shall not permit their children or visiting children to play on community areas not provided for such purposes. 5. Sidewalks, stairways, shall not be obstructed, nor used for any purpose other than to exit from or enter dwellings. 6. Tenants shall report immediately to the Management Office and to the appropriate health authorities any case of infections or contagious diseases occurring in the premises. 7. Tenants shall not carry on any business or display signs of any type in or about the premises. 8. Tenants shall not keep animals on the premises. Exception would be a seeing eye dog for a blind tenant. 9. Tenants shall not keep or use flammable materials in the premises or storage rooms. 10. Tenants shall not burn trash or start fires of any type on the premises. 11. Management in all cases shall retain the right to control and prevent access into the buildings and grounds of all persons whom it considers undesirable. • 16 12. If at the termination of the Lease for any reason, Tenants vacate the premises leaving. behind and abandoning any personal property including furniture. clothing or any other personal effects, Management will dispose of such property. The cost of such disposition shall be charged to the Tenant. This action shall apply only in those cases where prompt disposition of abandoned property is required in order to rent a vacated unit and is not to be utilized as a distraint for rent or other charges. 13. Management shall not be responsible for articles left with any of its employees. 14. Any automobile or other vehicle owned by or used by a tenant or member of his family shall be parked only in parking areas designated by Management. Abandoned cars or other motor vehicles shall be towed at the owner's expense following proper legal notification. All tenant's cars must have a parking sticker displayed on rear bumper, must have valid inspection and registration, and must be operable, otherwise vehicle will be subject to towing at the owner's expense following proper legal notification. Vehicles are to be pulled into parking spaces, not to be backed into spaces. 15. Tenant shall pay all necessary legal fees expended by Management for enforce- ment of the provisions of this Lease Agreement. 16. The TENANT is permitted to keep a seeing eye dog for site impaired tenant in his/her dwelling unit(subject to the provisions in 24 CFR Part 942 and the pet rules promulgated under 24 CFR Part 942). Any pet rules promulgated by the LANDLORD are attached hereto and incorporated hereby. The TENANT agrees to comply with these rules. A violation of these rules may be grounds for removal of the pet or termination of the TENANT'S (pet owner's)tenancy(or both), in accordance with the provisions of 24 CFR Part 243 and applicable regulations and State or local law. These regulations include 24 CFR Part 966 (Lease and Grievance Procedures)and provisions governing the termination of tenancy under the Section 8 housing assistance payments and project assistance payments programs. Note: Part 942 does not apply to animals that are used to assist the handicapped who reside in the project or who visit the project. (Optional): The LANDLORD may after reasonable notice to the TENANT and during reasonable hours, enter and inspect the premises. Entry and inspection • is permitted only if the LANDLORD ha received a signed, written complaint alleging or the LANDLORD has reasonable grounds to believe that the conduct or condition of a pet in the dwelling unit constitutes, under applicable State or local law, a nuisance or a threat to the health or safety of the occupants of the project or other persons in the community where the project is located. n,/?6:-)nn i 17 If there is no State or local authority or designated agent of such an authority authorized under applicable State or local law to remove a pet that becomes vicious, displays symptoms of severe illness, or demonstrates other behavior that constitutes an immediate threat to the health or safety of the tenancy as a whole, the LANDLORD may enter the premises (if necessary), remove the pet. and take such action with respect to the pet as may be permissible under State and local law, which may include placing it in a facility that will provide care and shelter for a period not to exceed 30 days. The LANDLORD shall enter the premises and remove the pet or take such other permissible action only if the LANDLORD request the TENANT (pet owner) to remove the pet from the project immediately, and the TENANT(pet owner)refuses to do so, of if the LANDLORD is unable to contact the TENANT(pet owner) to make a removal request. The cost of the animal care facility shall be paid by the tenant. 17. After hour emergencies are restricted to: lockouts, gas leaks,electrical problems or broken water pipes. Call 245-0516 and the answering service will dispatch the call to maintenance on duty. 18. No yard hoses are permitted. Do not wash cars on property, do not do other people's laundry, and swimming pools are prohibited. The Housing Authority pays the water and sewer and this is grounds for eviction. 19. On the day we check sites, if there is trash at your door or surrounding your unit, you will be charged $15.00 a bag for our staff to pick it up (this also pertains to loose trash). 20. No waterbeds will be permitted on second floors. 21. Inspections are free of charge. If staff has to come back and check the unit a second time for failure the tenant will be accessed a$10.00 charge. The third time will also result in another$10.00 charge. If after the third time no attempt has been made at improvement, this is grounds for eviction. We have house- keeping classes available to all tenants. 22. (1) Management shall terminate the tenancy if Management determines that any member of the household has been convicted of drug-related criminal activity for manufacture or production of methamphetamine on the premises of federally assisted housing. (2) The Lease shall be terminated for any drug-related criminal activity engaged in, on or off the premises by any Tenant, member of Tenant's household or guest, and any such activity engaged in on the premises by any other person under the Tenant's control. is (3) Management may evict a family when Management determines that a household member is illegally using a drug or when Management determines that a pattern of illegal use of a drug interferes with the health. safety, or right to peaceful enjoyment by other residents. (4) Any criminal activity by a covered person that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents (including Management Staff residing on the premises)or threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises is grounds for termination of tenancy. (5) Management may terminate the Lease if a 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 violating a condition of probation or parole imposed under federal or state law. (6) Management may evict the Tenant by judicial action for criminal activity in accordance with this section if Management determines that the covered person has engaged in the criminal activity, regardless of whether the covered person has been arrested or convicted for such activity and without satisfying the standard or proof used for a criminal conviction. (7) For purposes of this section, covered person means a Tenant, any member of the Tenant's household, a guest or another person under the Tenant's control. (8) Drug-related criminal activity means the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute or use the drug. (9) Tenancy may be terminated if Management determines that a household member has: a. Engaged in abuse or a pattern of abuse of alcohol that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents; or b. Furnished false or misleading information concerning illegal drug use,alcohol abuse, or rehabilitation of illegal drug users or alcohol abusers. mnrnnn i • 19 (10) A single violation of any of the provisions, of the aforesaid. shall be deemed a serious violation and a material non-compliance with the Lease and good cause for termination of tenancy. (11) It is agreed and understood that Management has adopted a"one strike, you're out"or"zero tolerance"policy with respect to violations of Lease terms regarding criminal activity and abuse of alcohol that impacts upon the health, safety, right to peaceful enjoyment of the premises by other residents. 20 LEASE ADDENDUM All new leases and lease renewals require tenants at the Housing Authority's discretion to abide by the following checked regulations(s): Monthly Home Inspections --P--- Mandatory Attendance to Budget Counseling Classes Mandatory Attendance to Parenting Classes Mandatory Attendance to Life Skill/Housekeeping Classes Any Rent Due Must Be On Time According To The Lease Cleanliness of the Apartment Including Weekly Trash Removal Please be advised that failure to comply with all the terms checked will result in eviction. ! i a 4 ki....„LeAki -1-1,----t .....,,, OF. A ./.14 4_412.4 ''A AGER ENANT /.-- 8 -d-2, t D1. DATE DATE mn4(i,nnI RESIDENT' DWELLING LEASE ADDENDUM FAAILY PUBLIC SOUSING This lease Addendum made this /' day oia 20 jarshall attached to the original lease for your apartment located at /�J�o� C o L " ( LJL 'P . • By the signing of this agreement your original lease shall be extended one year from the expiation date of the original document All prescribed rules and regulations incorporated in this,the original lease,shall also be extended for this time period. After completing a review Of your family composition and household income your rent • beginning CT 0 and ending at midnight on 5Op\-3C) ,shall be 51Q able not later than MA 0 A utility reimbursement of __per month if applicable shall be paid to the utility supplier by PHA for the Tenant Tieffeatter,monthly rent shall be due on or babe the first day Match month. A late charge of$25.00 shall be imposed for any rent not received by the fifth working day ofthe month. • ❑This is the flat rent for the Premises rent is based on the income end other • . information reported by the Tenant.. • A DER OF TENANT'S HOUSEHOLD HAVING RIGHT OF OCCUPANCY: .1 . & ALIA. T..11/ No other ' is pfd to reside permanently in the household unless the Housing Monger groats you WRITTEN PERMISSION to add that person to your household. IN WITNESS'WHEREOF,the parties hereto have hereunto set their handl and seals the day and year above written. THE HOLING AUTHORITY OF• / THE uevrY OF CUMBERLAND • 'VCtiv l.,uir` k • WITNESS • ANT -WTINESS • - • •TRNANT . . EXHIBIT "B" w ww twA ' 1pr•)C I \\6 op HOUSING icDEVELOPMENT A s PUBLIC FAMILY HOUSING April Edwards Public Family Housing Resident Manager • July 23,2013 Kimberly Hunte 1372 Grandview Ct. Carlisle,PA 17013 Dear Ms.Hunte: On July 15,2013,were sent a letter informing you that we were terminating your lease due to failure to comply with the non-renewal process.You were given the right to an informal hearing with me today at 1:30 p.m.and you failed to show. Effective August 13,2013,your lease will be terminated due to non-compliance,specifically Section 3.A.Terms and conditions of your lease.To furnish accurate information to management annually at a time to be set by management as to family income,employment and family composition. You have the right to appeal this decision through the formal hearing process with the Hearing Officer. We must receive your written request for a formal hearing within five(5)business days from the date of this letter. You may mail or hand deliver your written request to our office at 60 W.Penn St., Carlisle,PA 17013 or fax your written request to us at(717)245-0374 within the required timeframe. If you fax your request,you must call our office at(717)245-0516 to confirm we received the fax. You also have the right to examine documents directly relevant to the lease termination. You may contact our office at(717)245-0516, if desired,to schedule a time at which you can examine documents directly pertaining to the termination. If you do not request a formal hearing,or if after the formal hearing,the Hearing Officer's decision remains the same,then you will be provided with an eviction notice from our attorney setting forth the date upon which you are to vacate your apartment. er ly, jai\63 .Apn Edwards,Resident Manager PUBLIC FAMILY HOUSING EXHIBIT "C" better places, better lives CUMBERLAND COUNTY HOUSING AUTHORITY set NOTICE TO QUIT Name of Landlord: Housing Authority of the County of Cumberland Name of Tenant: Kimberly Hunte Leased Premise: 1372 Grandview Ct. Date of NOTICE TO QUIT: October 1, 2013 To: Ms. Hunte: You shall have 15 days from the date of your receipt of this letter to vacate the premises at 1372 Grandview Ct. Carlisle, Pa 17013. This eviction is based on the following: Failure to comply with the lease renewal process. -spectfully, — \ hIUSV A.ril Edwards, Resident Manager PUBLIC FAMILY HOUSING EXHIBIT "D" AFFIDAVIT OF SERVICE I,the undersigned adult individual,having been duly sworn upon my oath state that I did serve a copy of the attached Notice to Quit upon c I — _ -Iz- the Tenant,by personally pla ing one copy of the Notice to Quit on t e Tenant's door(s) at the ased Premises, \Sk3 (1YQndyt Q.uJ ('Jr , Carlisle,PA 17013 on Cep V \ , 2013 at /0.'/5- a.m./p.m. Server Subscribed and sworn to before me the Und signed Notary Public on + day of U(' i , 2013. &ULUC\P 1VI commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal April D.Edwards,Notary Public Carlisle Born,Cumberland County My Commission Expires Sept.2,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -4 CD ` V O) O) 0) a O 0) A A A CO CO W N Cp - O - O 0 0 0 O O O .... 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CO CD N A 0 N N O 113 o) `< a. a'm DD 'Do > 'Dv > > 43 DD DD CD 0.m -<w ! 73 XaoX 03 Xi WXI -< 0 y m rrmP mr m1= m N2 x N IV N ,17 N X N 31 N ,'p 0 0 CERTIFICATE OF SERVICE I hereby certify that on November, 2013, I, Tricia D.Naylor, Esquire, of Baric Scherer LLC, did serve a copy of the Complaint, by first class U.S. mail,postage prepaid,to the party listed below, as follows: Kimberly Hunte 1372 Grandview Court Carlisle, Pennsylvania 17013 Trici D.Naylor, squire HOUSING AUTHORITY OF THE : IN THE COURT OF COMMON PLEAS OF COUNTY OF CUMBERLAND : CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiff • • v. • NO. 2013- 6603 CIVIL TERM KIMBERLY HUNTE EJECTMENT 1372 Grandview Court • Carlisle,Pennsylvania 17013 • CIVIL ACTION Defendant • TO: Kimberly Hunte 1372 Grandview Court Carlisle, Pennsylvania 17013 Date of Notice: December 19, 2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717)249-3166 B ' CSC ERER LLC Ljatif Trici• D. Naylor,E Alitabb 19 West South Street Carlisle, PA 17013 (717)249-6873 EXHIBIT "B" - . _ _ a UNITED STATES � • Certificate Of Mailin l This Certificate of Meilin O.:vides evidence that mail.has been presented to USPSe for merlin M1 T This roris ay be used foromAesstiicc end international mail. p a From: Oa I l./Sc c tt/r Ui Ia C Y 11 with Sow Sfr Carlisly, ft )103 To: K+ ritk {anY V ° ,tim C mg;'�' 131 a &rar iAv ,� Covr�' z��_�•C pp�� c7� cc0o�n4o arliSly, In !7013 �'`� D a c~i PS Form 3817,April 2007 PSN 7530-02-000-9065 EXHIBIT "C" I 3 HOUSING AUTHORITY OF THE : IN THE COURT OF COMMON PLEAS OF COUNTY OF CUMBERLAND, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2013-6603 CIVIL TERM KIMBERLY HUNTE • 7' •-,i 1.A 1372 Grandview Court : EJECTMENT t?; , `; Carlisle, Pennsylvania 17013 • Defendant : CIVIL ACTION — . ORDER AND NOW, this 9iay of ,e Ltet , 2014, upon consideration of the foregoing Motion to Enter Default Judgment in Ejectment and for Money Damages, Defendant having been regularly served with process in this action, having failed to answer to the complaint filed herein, the time for answering having expired, the default of defendant having been duly entered; On application of Tricia D.Naylor, Esquire, attorney for Plaintiff, it is hereby ordered that Plaintiff recover of Defendant the possession of the real property designated in the complaint and known as 1372 Grandview Court, Carlisle, Pennsylvania 17013, and that Plaintiff have a writ of possession therefor; It is further ordered that judgment is entered in favor Plaintiff and against Defendant in the amount of$1,231.48, and that Plaintiff have execution therefor. BY THE COURT, J. /Tricia D.Naylor, Esquire /Kimberly Hunte (pro se) aor nta t/Q/�y 4� HOUSING AUTHORITY OF THE IN THE COURT OF COMMON PLEAS OF COUNTY OF CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2013-6603 CIVIL TERM KIMBERLY HUNTE EJECTMENT 1372 Grandview Court Carlisle, Pennsylvania 17013 CIVIL ACTION Defendant PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter judgment in the above-captioned matter in favor of Plaintiff, Housing Authority Of The County Of Cumberland and against the Defendant, Kimberly Hunte pursuant to the Order of Court dated January 9, 2014. Respectfully submitted, BARIC SCHERER LLC ricia D. Nay or, E =� h I.D. 83760 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 V7 or/ #3 677 `nom Ma _r HOUSING AUTHORITY OF THE IN THE COURT OF COMMON PLEAS OF COUNTY OF CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff c ` V. NO. 2013-6603 CIVIL TERM KIMBERLY HUNTE `! 1372 Grandview Court EJECTMENT Carlisle,Pennsylvania 17013 Defendant CIVIL ACTION ORDER AND NOW,this, ay o , 2014, upon consideration of the foregoing Motion to Enter Default Judgment in Ejectment and for Money Damages, Defendant having been regularly served with process in this action,having failed to answer to the complaint filed herein,the time for answering having expired,the default of defendant having been duly entered; On application of Tricia D.Naylor, Esquire, attorney for Plaintiff,it is hereby ordered that Plaintiff recover of Defendant the possession of the real property designated in the complaint and known as 1372 Grandview Court, Carlisle, Pennsylvania 17013, and that Plaintiff have a writ of possession therefor; It is further ordered that judgment is entered in favor Plaintiff and against Defendant in the amount of$1,231.48, and that Plaintiff have execution therefor. BY THE COURT, J. Tricia D.Naylor, Esquire Kimberly Hunte (pro se) a CERTIFICATE OF SERVICE I hereby certify that on January 15, 2014, I, Tricia D. Naylor, Esquire of Baric Scherer LLC,did serve a copy of the Praecipe To Enter Judgment,by first class U.S.mail,postage prepaid,to the party listed below, as follows: Kimberly Hunte 1372 Grandview Court Carlisle, Pennsylvania 17013 Tricia D. aylo , squire HOUSING AUTHORITY OF THE IN THE COURT OF COMMON PLEAS OF COUNTY OF CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2013-6603 CIVIL TERM KIMBERLY HUNTE EJECTMENT 1372 Grandview Court Carlisle, Pennsylvania 17013 CIVIL ACTION Defendant NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Kimberly Hunte 1372 Grandview Court Carlisle, Pennsylvania 17013 Notice is hereby given to you of entry of a judgment against you in the above matter. Prothonotary Date: 1S ac5l�f T, HOUSING AUTHORITY OF THE IN THE COURT OF COMMON PLEAS OF COUNTY OF CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2013-6603 CIVIL TERM KIMBERLY HUNTE } 1372 Grandview Court EJECTMENT Carlisle, Pennsylvania 17013 Defendant CIVIL ACTION -<> c n > PRAECIPE FOR WRIT OF POSSESSION k11 TO THE PROTHONOTARY: Please issue a Writ of Possession in the above captioned matter. A true and correct copy of the Order issued by the Honorable Judge Masland is appended hereto as Exhibit"A." Respectfully submitted, 61 BA C SCHERER LLC Tric a D.Naylor, squire I.D. 83760 Z S v e Co. 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 C zogq g I�jr� t HOUSING AUTHORITY OF THE IN THE COURT OF COMMON PLEAS OF COUNTY OF CUMBERLAND, CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff c NO. 2013-6603 CIVIL TERM N' V. CI)r v s= kz KIMBERLY HUNTE ; 1372 Grandview Court EJECTMENT Carlisle, Pennsylvania 17013 �-=C ch Defendant CIVIL ACTION ORDER AND NOW,this ay o""AAVAY, 2014, upon consideration of the foregoing Motion to Enter Default Judgment in Ejectment and for Money Damages, Defendant having been regularly served with process in this action,having failed to answer to the complaint filed herein,the time for answering having expired,the default of defendant having been duly entered; On application of Tricia D.Naylor,Esquire, attorney for Plaintiff, it is hereby ordered that Plaintiff recover of Defendant the possession of the real property designated in the complaint and known as 1372 Grandview Court, Carlisle,Pennsylvania 17013, and that Plaintiff have a writ of possession therefor; It is further ordered that judgment is entered in favor Plaintiff and against Defendant in the amount of$1,231.48, and that Plaintiff have execution therefor. BY THE COURT, J. z i Tricia D.Naylor,Esquire Kimberly Hunte (pro se) E EXHIBIT "A" fl 6 s CERTIFICATE OF SERVICE I hereby certify that on January 5 , 2014, I, Tricia D. Naylor, Esquire, of Baric Scherer LLC did serve a copy of the Praecipe For Writ of Possession, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Kimberly Hunte 1372 Grandview Court Carlisle, Pennsylvania 17013 Tricia D. Na lor, Esqui W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND VS. No. 2013-6603 Civil Term KIMBERLY HUNTE- 1372 Grandview Court Carlisle,PA 17013 Costs Attorney's $ 61.50 Plaintiff's $ Prothonotary $ 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)) HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND being: (Premises as follows): 1372 Grandview Court, Carlisle, PA 17013 (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. David D.Buell,Prothonotary, Common Pleas Court of Cumberland County, Date 1/15/14 (Seal)C/? 2of2 No 2013-6603 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND VS. KIMBERLY HUNTE WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 61.50 Plff(sj $ Prothy $ 2.25 Sheriff $ Plaintiff(s) attorney name and address: Tricia D.Naylor, Esquire 19 West South Street Carlisle,PA 17013 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 So Answers, Sworn and subscribed to before me this Day of , Sheriff By Prothonotary Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i HET-FR l j H - y „ Sheriff t ., Jody S Smith ,•f 2014 FEB 26 PM 2: 56 Chief Deputy Richard W Stewart CUMBERLAND COUNT'Y Solicitor _� .� �� PENNSYLVANIA Housing Authority of the County of Cumberland Case Number vs. 2013-6603 Kimberly Hunte SHERIFF'S RETURN OF SERVICE 01/27/2014 07:43 PM- Deputies went to property; found it to be vacant. Also spoke with a neighbor who advised defendant had moved out over the weekend. 02/26/2014 Ronny R.Anderson, Sheriff,who being duly sworn according to law, states this writ of possession is returned as STAYED. Property is vacant. SHERIFF COST: $42.87 SO ANSWERS, February 26, 2014 RONNY R ANDERSON, SHERIFF • asot •a. 4? 9‹/s� 3oa /97