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HomeMy WebLinkAbout13-6607 COMMi7NWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District,County Of FROM Cum 6,01 Cv�L a17 -/ MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 13 — '7 6 L NOTICE OF APPEAL ,�,� Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF ELLANT MAG.DIST.No. NAME OF MDJ ADDRESS OF A PEL CITY STATE ZIP CODE 1 G� & Cox I IT P DATE OF JUDGMENT IN THE CASE OF(PtalntM / _ (De K) � o� y ea~ 1 DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. if appellan as ee Pa. R.C.P.D. . No. 1009(6) in action R.C.RD.J.No. 10086. 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 firing the NOTICE of APPEAL_. X Signature of Pio-thonotary or Depary 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 Enter rule upw oays)'� �13►°�C, ,� �,��{-,� �5�, apbeilee(s),to file a complaint in this appeal —3 N�f appellee(s) 1-1 �'�(� (Common Pleas No. 13– 6667 within twenty(20 da s after service of rule or suffer entry of judgment of non pros, nature of appellant or attorney or agent RULE: To& I Cbc,f ,appellee(s) Name of appellees (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20)days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time,a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. _ Date: / 20�3 r ignature of Prath or Deputy VINVAJA s YOU MUST INCLUDE A COPY OF T. NT/TRANSCRIPT FORM WITH T IS NOTICE OF APPEAL. AOPC 312-05 - ' j4ji HOUSING AUTHORITY OF • IN THE COURT OF COMMON PLEAS OF THE COUNTY OF CUMBERLAND : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. • • PAIGE BAHNWEG, • DEFENDANT • 13-6607 CIVIL ORDER OF COURT AND NOW, this 12th day of November, 2013, upon consideration of Defendant's Motion for Leave to Proceed in Forma Pauperis; IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Motion is GRANTED and she may proceed in Forma Pauperis. By the Court, IN\ 1\, M. L. Ebert, Jr., J. Housing Authority of the County of Cumberland 60 West Penn Street Carlisle, PA 17013 Paige Bahnweg 1344 Grandview Court Carlisle, PA 17013 . 1ricia Dills Naylor, Esquire Lek / / P <C) -0 c i COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND - Residential Lease 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 Paige Bahnweg Business Central Building Carlisle, PA 17013 Telephone: 717-240-6564 Paige Bahnweg Docket No:' MJ-09202-LT-0000161-2013 1344 Grandview Court 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"'(--Cross'complaint) __. ..__.._.__,..._ .._ _.. Docket No Plaintiff Defendant Disposition Disposition Date MJ-09202-LT-0000161-2013 Housing Authority of the County Paige Bahnweg Judgment for Plaintiff 10/2912013 of Cumberland Judgment Summary Participant Joint/Several Liability Individual Liability Amount Housing Authority of the County of $0.00 $0.00 $0.00 Cumberland Paige Bahnweg $0.00 $994.14 $994.14 Jud mentFindin g 9 (`Post Judgment) .. ,_._..._ ,.,,__... . .,. ............� ._ .,,..,.___. In the matter of Housing Authority of the County of Cumberland vs. Paige Bahnweg on MJ-09202-LT-0000161-2013, on 10/29/2013 the judgment was awarded as follows: The amount of rent per month,as established by the Magisterial District Judge, is$33.00 Judgment Component I Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $0.00 $717.66 $717.66 Costs $0.00 $126.48 $126.48 Attorney Fees $0.00 $150.00 $150.00 Grand Total: $994.14 Portion of judgment for physical damages arising out of residential lease: $0.00 MDJS 315A Page 1 of 3 Printed: 11/05/2013 10:32:47AM Housing Authority of the County of Cumberland Docket No.: MJ-09202-LT-0000161-2013 V. Paige Bahnweg 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. 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: 11/05/2013 10:32:47AM 4 Housing Authority of the County of Cumberland Docket No.: MJ-09202-LT-0000161-2013 v. Paige Bahnweg Participant List Plaintiff(s) Housing Authority of the County of Cumberland 60 W Penn Street Carlisle, PA 17013 Defendant(s) Paige Bahnweg 1344 Grandview Court Carlisle, PA 17013 Complainant's Attorney(s) Tricia Dills Naylor, Esq. Baric Scherer Llc 19 W South St Carlisle, PA 17013-3444 MDJS 315A Page 3 of 3 Printed: 11/05/2013 10:32:47AM COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS PLAINTIFF: NAME and ADDRESS County Of �1CG 1 n L— J vs. DEFENDANT: NAME and ADDRESS •'i0. ��(`►.�.{'' �1 Common Pleas Docket No. l!/f Z TENANT'S SUPERSEDEAS AFFIDAVIT (NON-SECTION 8) FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2) I - � q (print name and address here), have filed a notice of appeal from a magisterial district court judgment awarding to my landlord possession of real property thatJ.occupy, and I do not have the financial ability to pay the lesser of three (3)times my monthly rent or the judgment for rent awarded by the magisterial district court. My total household income does not exceed the income limits set forth in the supplemental instructions for obtaining a stay pending appeal and I have completed an in forma pauperis (IFP) affidavit to verify this. I have/have not (cross out the one that does not apply) paid the rent this month. I verify that the statements made in this affidavit 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 unswom falsification to authorities. _ N CD Date SIG URE OF TE NT ` c;a AOPC 312-08(B) A`�r 1 (S �� Cc�J �c ors. C, u �t Cn M-.: -j ED GG, hl�� in" 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: Disability payments: Unemployment compensation and supplemental benefits: Worker's compensation: /�I Public Assistance:_ 0' fit.. C . 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: Savings Account: Certificate of Deposit: Real Estate (including home): Motor vehicle: Make Year Cost Amount owed Stocks: bonds: Other: {f) Debts and obligations Mortgage: Rent: .Loans:Monthly Expenses: (g) Persons dependant upon you for support (Wife)(Husband) Name: Children, if any: Name: Age: 4. 1 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. 1 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. 4909, relating to unsworrn falsification to authorities. Date: titioner HOUSING AUTHORITY OF THE IN THE COURT OF COMMON PLEAS OF COUNTY OF CUMBERLAND CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff cam , V. NO. 2013- 6607 CIVIL TERM', rr PAIGE BAHNWEG EJECTMENT 1344 Grandview Court Carlisle, Pennsylvania 17013 CIVIL ACTION = w : 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 J HOUSING AUTHORITY OF THE IN THE COURT OF COMMON PLEAS OF COUNTY OF CUMBERLAND CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2013- 6607 CIVIL TERM PAIGE BAHNWEG EJECTMENT 1344 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 e 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, Paige Bahnweg ("Bahnweg"), is an adult individual with a residence address of 1344 Grandview Court, Carlisle, Pennsylvania 17013. 3. Plaintiff is the owner of a certain residential real property known as 1344 Y' Grandview Court, Carlisle, Pennsylvania 17013 ("leased premises"). t' 4. On or about October 2, 2009,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 t 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$33.00 per month during the term of the lease. 9. 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. 10. Item 6, Paragraph G of Lease Agreement provides, "[t]he lessee is required to make arrangements to have the utility 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." 11. Item 12 of the Lease Agreement provides, 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. Such serious or repeated violations of terms shall include but not limited to: I. The failure to pay rent or other payments when due; 2. Repeated late payment, which shall be defined as failure to pay the amount of rent or other charges due by the fifth business day of the month. Four such late payments within a 12 month period shall constitute a repeated late payment; . . . 5. Failure to pay utility bills when Tenant is responsible for paying such bills directly to supplier of utilities. 12. On or about July 12, 2013, Plaintiff sent notice to Defendant that it was not renewing the lease due to Defendant's repeated failure to pay monthly rent and defaulting on her repayment agreement. A true and correct copy of the letter is attached hereto as Exhibit"C" arid. -is incorporated by reference. 13. On or about July 22, 2013, Plaintiff was notified by PPL Electric Utilities that Defendant's power was shut-off. 14. Defendant requested an appeal of Plaintiff's decision not to renew Defendant's lease and the appeal was heard on or about August 2, 2013. 15. Defendant waived her right to a separate lease termination hearing on Defendant's failure to pay her utilities. 16. Plaintiff's decision to not renew Defendant's lease on the basis of repeatedly .`failing to pay monthly rent, defaulting on her repayment agreement and failure to pay her utilities was upheld. 17. On or about October 1, 2013, Plaintiff provided Defendant with a 15 day Notice To Quit. A copy of the Notice To Quit and Affidavit of Service is attached hereto as Exhibit"D" and incorporated herein by reference. 18. Defendant failed to vacate the premises by October 16, 2013. 19. The Lease Agreement provides for the recovery by Plaintiff of all necessary legal fees to enforce the provisions of the lease agreement. 20. As of October 29, 2013, Defendant owed rent, late fees and other charges in thee" amount of$717.66 and attorney's fees and court costs of 276.48. 21. Additional rent and late charges have accrued in the amount of$58.00. A true and correct copy of the Tenant's Account History is attached hereto as Exhibit"E" and incorporated herein by reference. 22. Additional attorney's fees have been incurred by Plaintiff in the amount of $100.00. COUNT I- EJECTMENT 23. Plaintiff incorporates by reference paragraphs one through twenty-two as though set forth at length. 23. On October 1, 2013, Defendant was served with the Plaintiff's Notice to Quit. 24. Defendant refused to vacate premises after expiration of the applicable notice period. 25. Defendant has breached her obligation to pay rent, late charges, and other fees for:.. the,leased premises to Plaintiff. 26. Defendant has repeatedly violated the terms of her lease by failing to make her rental payments in a timely manner. 27. Defendant has breached her obligation to pay her utilities. 28. Defendant has breached her obligation to pay legal fees to Plaintiff. 29. The term of the Lease Agreement has expired. 30. 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 1, 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 31. Plaintiff incorporates by reference paragraphs one through thirty as though set forth at length. 32. As of October 29, 2013, Defendant owed rent, late fees and other charges in the amount of$717.66 and attorney's fees and court costs of 276.48. 33. Additional rent and late charges have accrued in the amount of$58.00. 34. Additional attorney's fees have been incurred by Plaintiff in the amount of $100.00. 35. 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$1,152.14, 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, BARIC SCHERER LLC ATria D.Naylor, Vqquire I.D. # 83760 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 r 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 authorities. DATE: April Edwar s, Resident Manager for Housing Authority of the County of Cumberland 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 HERIN.. THIS AGREEMENT made this61TkYloF day X of �Q50— - , 20 Q by and between THE HOUSING AUTHO THE COUNTY OF CUMBERLAND (hereinafter referred to as "MANAGEMENT")and Pte.i G r 13 A HPJ m!E C (hereinafter referred to as "TENANT"): Management relying on the representations made to it by Tenant'as to Tenant's household co nsition 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`Piereby 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 as follows (hereinafter referred to as "PREMISES") D.U. No.: CP8 No. of Bedrooms: Project Address_ ' ?j L�4 Q city QA r1A MEMBERS OF TENANT'S HOUSEHOLD HAVING RIGHT OF OCCUPANCY: ! I Name Relationship Age& Social Security# Birthdate 1. &I / n HEAD 2' onw 9 60n S. 6. — / - - =- --- - - 7. EXHIBIT "A" 7/15/09 ' 2 , TERMS AND CONDITIONS 1. Tetra of Lease: Renewal Provisions. This Lease and Tenant's right of occupancy hereunder shall co ence as of 'TJI913�R 10a , 200�1 and shall continue until30 , ZO Ib,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)year upon payment 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. Tenant agrees to pay$ _for the partial month ending on C`17) °a 3 t , 20 Cq . Thereafter, for the period be inning i'YI / , 20 09 and ending at midnight1k�21' D,20 10 , rent in the amount of $ 1 3.00 shall be due monthly on or before the first day of each month, and shall be delinquent after the fifth(50) working day of said month. A utility reimbursement of$ per month(if applicable)shall be.paid to the utility supplier by PHA for the Tenant. 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. , ,/ ❑This is the flat rent for the Premises U This rent is based on the income and other information reported by the Tenant. 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-PO 75-003 on.a quarterly basis will be charged for consumption in excess of the followin "' v. dt '`': _ rein sewer rates. Two,Bedroo m1M, F Ions -— Thr edrootri Unz 9$$ Ions ,.a ` ` allons Fro room 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 shal I be furnished. by and at the expense of the tenant. 7/15/09 C. Management shall furnish Range and Refrigeration appliances and shall provide routine Maintenance Services, therefore. 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 fifteen(15)days from the date of the bill for the services. E. Security Deposit: Tenant agrees to pay $ 113°00 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(10)business 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 amount 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 anN additional rent thus determined tc? be due. i 7/15/09 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 month following the expiration of thirty (30)days notice to the Tenant of 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. i 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, F B. To comply with requirement of applicable building codes. housing codes, and [IUD regulations materially affecting health and safety, 7/15/09 5 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 E 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. E. 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 store and refrigerator :]ean and free from areas:. 7/15/09 G. The lessee is required to make arrangements to have the utility 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, cigarette butts, 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. To assure that Tenant,any member of the household, a guest,or another person under Tenant's control, shall not engage in: s 1. Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of PIIA's public housing premises by other e residents or employees of PHA, or; 2. Any drug-related criminal activity. Any criminal activity in violation of the preceding sentence shall be cause for termination of tenancy, and for eviction from the unit. (For the purposes of this lease,the term drug-related criminal activity means the illegal possession, manufacture, sale, distribution, use or possession with intent to manufacture, sell,distribute, or use of a controlled substance.) 7/15/09 N. To permit Management, pursuant to the provisions of Section 10, 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 10(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 Ieased 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 e: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 courts of the Commonwealth of Pennsylvania anywhere in the unit or elsewhere on the property of the Authority. 7/15/09 U.No tenant, member of the tenant's household, guest, or other person under the tenant's control shall knowingly move, deface, disconnect, damage, destroy or otherwise improperly tamper with a smoke detector so as to diminish its effectiveness or availability for its intended purpose. Failure to comply with this provision shall result in eviction from the premises. V. (1) Not to commit any fraud in connection with any Federal housing assistance program, and (2) Not to receive assistance for occupancy of any other unit assisted under any Federal housing assistance program during the term of the lease. 7. Housing Rights Provided By the Violence Against Women Act A. Tenant will not be evicted.solely on the basis of being or having been a victim of domestic violence, dating violence, sexual assault or stalking. B. An incident or incidents of actual or threatened domestic violence, dating violence, sexual assault or stalking will not be construed as a serious or repeated violation of the lease by the victim or threatened victim of that violence and shall not be good cause for terminating the assistance,tenancy, or occupancy rights of the victim of such violence. C. Criminal activity directly relating to domestic violence,dating violence,sexual assault or stalking engaged in by a member of tenant's household or any guest or other person under.the tenant's control shall not be cause for termination of the tenancy or occupancy rights, if the tenant or an immediate member of the tenant's family is the victim of that domestic violence, dating violence, or stalking. However, in implementing the termination clause: 1. The unlawful occupant or tenant who engages in criminal acts of violence to family members or others may be evicted without terminating assistance or evicting victimized lawful occupants. 2. Management is authorized to honor court orders regarding rights of -- - - - - - - access or control of the property. E 3. Nothing limits the ability of Management to evict for other good f cause set forth elsewhere in this lease unrelated to the incident or incidents of domestic violence. 7/15/09 9 4. Nothing prohibits termination or eviction of a tenant if Management can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if that tenant is not evicted. 5. Nothing in this section shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection for victims of domestic violence,dating violence, sexual assault or stalking. D. Tenant agrees to provide certification on a form to be provided, within fourteen(14) calendar days of request by Management,that the individual is a victim of domestic violence, dating violence, sexual assault or stalking, and that the incident or incidents in question are bona fide incidents of actual or threatened abuse. Failure to return the form within the prescribed time period would allow Management to evict for violation of this lease. The certification requirement may alternatively be satisfied by either: L Providing Management with documentation signed by an employee, agent, or volunteer of a victim service provider,an attorney, or a medical professional, from whom the victim has sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking, or the effects of the abuse, in which the professional attests under penalty of perjury(28 U.S.C. § 1746)to the professional's belief that the incident or incidents in question are bona fide incidents of abuse, and the victim of domestic 'violence; dating violence or stalking has signed and attested to the documentation; or 2. Producing a Federal, State,tribal,territorial, or local police or court record. 8. 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; r 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: 7/15/09 j 10 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. 9. 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. 10. Entry of Premises During Tenancy A. Management shall, upon reasonable advance notification to Tenant, be permitted to eriter 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. 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. 11. 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 bx prepaid first-class mail. properly 4 addressed to Tenant. i i 7/15/09 • , • ' it 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. 12. 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. Such serious or repeated violation of terms shall include but not limited to: 1. The,failure to pay:rent or other payments when due; 2. Repeated late payment, which shall be defined as failure to pay the amount of rent or other charges due by the fifth business day of the month. Four such late payments within a 12 month period shall constitute a repeated late payment; 3. Failure to pay utility bills.when Tenant is.responsible for paying such bills directly to the supplier of utilities; 4. Misrepresentation of family income,assets,or composition; 5. Failure to supply, in a timely fashion as required, any certification, release, information, or documentation of Family income or ; composition needed to process annual reexaminations or interim re-determinations; 6. Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit,common areas, grounds, or parking areas of any project site; - 7. Criminal activity by Tenant,household member, guest,or other person under Tenant's control, including criminal activity that threatens the health, safety or right to peaceful enjoyment of PHA's public housing premises by other residents, or any drug- related criminal activity; S. Offensive weapons or illegal drugs seized in a PHA unit by a law enforcement officer; and 9. Any fire on PHA premises caused by carelessness or unattended cooking. i E i 7/15/09 B. Management shall give written notice of the proposed termination of the Lease of: 1. Fourteen (14) calendar 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 D. Thirty(30) 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)business 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. 7/15/09 ! 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 quit 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 vacate 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 vacate 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.Management may not renew a Lease with Tenant. F. The Tenant may terminate this Lease at any time by Tenant giving thirty(30) days written Notice to Management. Tenant shall be responsible for any rent due for thirty(30)days from the date the . notice to vacate is received in Management's office or until the date Tenant vacates the unit, whichever is later. G. When PHA evicts a Tenant from a dwelling unit for criminal activity - Management shall notify the local post office serving that dwelling unit that such individual or family is no longer residing in the unit so the post office will stop mail delivery for such persons and they will have no reason to return to the unit. 13. 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. i 7/15/09 14 14. 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. 15. 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. r 16.. 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. '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 Witness ................ -.... Witness enant Tenant i 7/15/09 15 TENANT'S CERTIFICATION 60ALhereby certify that I, and other members of my Household, ave not committed any fraud in connection with any federal housing assistance program, unless such fraud was fully disclosed to PHA before execution of the lease,or before PHA approval for occupancy of the unit by the Household member. I further certify that all information or documentation submitted by myself or other Household members to PHA in connection with any federal housing assistance program (before and during the lease term) are true and complete to the best of my knowledge and belief. �nq- 6fenan& Si ature bate ATTACHMENTS: If indicated by-an(X) below, PHA has provided the tenant with the following attachments and information: Management Regulations Q Lease Addendum f Tenant Handbook Community Service Policy Grievance Procedure ! f i 7/15/09 F 16 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, except as otherwise permitted herein and in paragraph 16. Management publishes rules, which are incorporated herein,governing the keeping of common household pets that are permitted to be kept on the premises. Household pets are limited to fish only. Tenants will comply with the dwelling lease and Tenant Handbook governing the keeping of household pets. Limitations are as follows: I Fish: Maximum aquarium size: 20 gallons and must be maintained on a Management approved stand. 7/15/09 Violations of Management's Pet Policy will result in a$25 fine per occurrence. As noted above, the aforesaid pet restrictions do not apply to assistance, support and/or service animals used to assist persons with disabilities. 9. Tenants shall not keep or use flammable materials on or 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. 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 changes. 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 a 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 Management are 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. 7/15/09 13 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. The Management may after reasonable notice to the Tenant and during reasonable hours, enter and inspect the premises. Entry and inspection is permitted only if the Management has received a signed, written complaint alleging or the Management 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. 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 Management 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 Management shall enter the premises and remove the pet or take such other permissible action only if the Management 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 Management 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: • Loss of electric power(other than shut-off due to non-payment); • Loss of gas(other than shut-off due to non-payment). Always check pilot light to see if lit on stove. It may be as simple as re-lighting the stove. • Sewer problems. • Lack of heat during winter months. • Damaged caused by wind, storm or fire. • Inoperable smoke detector(Tenant will be charged if tenant is responsible for inoperable condition). • Lock-outs(only members of tenant's household who are on the lease will be permitted to enter the unit). There is a charge for this service. • Broken water pipes (supply line). If drip is slow, place pan underneath to collect water and call office next business day. Slow drips are minor. • Refrigerator/freezer shut down. Do not overload the refrigerator/freezer with food that will prohibit air flow which is needed for normal operation. A fine of$10.00 will be imposed for abuse of the emergency work order system. Call 245-0516 and the answering service \will dispatch the call to maintenance on duty. - 7/15/09 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. For failed inspections there is a$25.00 charge. If staff has to come back and check the unit a second time for failure the tenant will be accessed a$25.00 charge. The third time will also result in another$25.00 charge. If after the third time no attempt has been made at improvement, this is grounds for eviction. We have a house-keeping instructor available to all tenants. 22. No tenant, member of the tenant's household, guest, or other person under the tenant's control shall knowingly move, deface, disconnect, damage, destroy or otherwise improperly-tamper with a smoke detector so as to diminish its effectiveness or availability for its intended purpose. Failure to comply with this provision shall result in eviction from the premises. _ 23. (a) 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 j premises of federally assisted housing. (b) 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. (c) Management may evict a family when Management determines that a j 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. (d) 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 tenarie . F' k 7/15/09 'o (e) 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. (f) 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. (g) 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. (h) 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. { (i) Tenancy may be terminated if Management determines that a household member has: ; F 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. - (j) 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 { that impacts upon the health, safety, right to peaceful enjoyment of i the premises by other residents. In that regard, a single violation of any of the provisions of the Lease that related to criminal ' activity shall be deemed a serious violation and a material non- compliance with the Lease and good cause for termination of tenancy. x r 7/15/09 l LEASE ADDENDUM All new leases and lease renewals require tenants at the Housing Authority's discretion to abide by the following checked regulations(s): Quarterly Home Inspections Mandatory Attendance To Budget Counseling Classes, When Referred /Mandatory Attendance To Life Skill Classes 1/ Any Rent Due Must Be On Time According To The Lease Mandatory Instruction By The Housing Authority's Housekeeping Instructor, When Refe ed Please be advised that failure to comply with all the terms checked will result in eviction. NAGER NAN Cl) DATE DATE 7/15/09 2` LEASE ADDENDUM COMMUNITY SERVICE The Quality Housing and Work Responsibility Act of 1998 mandates Public Housing Authorities to require that adults living in public housing comply with community service requirements as follows: A. REQUIREMENT Each adult resident of the PHA shall: Contribute 8 hours per month of community service(not including political activities) within the community in which that adult resides; or Participate in an economic self-sufficiency program (defined below) for 8 hours per month. B. EXEMPTIONS The PHA shall provide an exemption from the community service requirement for any individual who: Is 62 years of age or older; Is a blind or disabled individual,as defined under section 216[i][1] or 1614 of the Social Security Act, and who is unable to comply with this section, or is a primary caretaker of such individual; Is engaged in a work activity as defined in section 407[d] of the Social Security Act; Meets the requirements for being exempted from having to engage in a work activity under the State program funded under part A of title IV of the Social Security Act, or under any other welfare program of the State in which the public housing agency is located, including a State-administered welfare-to-work program; or Is in a family receiving assistance under a State program funded under part A of title IV of the Social Security Act,or under any other welfare program of the State in which the public housing agency is located, including a State-administered welfare-to-work program. and has not been found by the State or other administerino, entity to be in noncompliance with such program. 7/15/09 The PHA will re-verify exemption status annually except in the case of an individual who is 62 years of age or older. The PHA will permit residents to change exemption status during the year if status changes. C. DEFINITION OF ECONOMIC SELF-SUFFICIENCY PROGRAM For purposes of satisfying the community service requirement,participating in an economic self-sufficiency program is defined, in addition to the exemption definitions described above, by one of the following: Participating in the Family Self-Sufficiency Program and being current in the steps outlined in the Individual Training and Services Plan; Participating in an educational or vocational training program designed to lead to employment, at least 30 hours,per week; Improving the physical environment-of the resident's development; Volunteer work in a local school, hospital, child care center, homeless shelter, or other community service organization; Working with youth organizations; Helping neighborhood groups on special projects; Raising young(pre-school) children at home where spouse is working; Participation in programs that develop and strengthen resident self- responsibility such as: Drug and alcohol abuse counseling.and treatment Household budgeting Credit counseling English proficiency; or Other activities as approved by the PHA on a case-by-case basis. F. t The PHA will give residents the greatest choice possible in identifying community service opportunities. The PHA will consider a broad range of self-sufficiency opportunities. 7/15/09 D. ANNUAL DETERMINATIONS Requirement—For each public housing resident subject to the requirement of community service, the PHA shall, 30 days before the expiration of each lease term, review and determine the compliance of the resident with the community service requirement. Such determination shall be made in accordance with t�e principles of due process and on a nondiscriminatory basis. E. NONCOMPLIANCE If the PHA determines that a resident subject to the community service requirement has not complied with the requirement, the PHA shall notify the resident of such noncompliance,and that: The determination of noncompliance is subject to the administrative grievance procedure under the Housing Authority's Grievance Procedures; and Unless the resident enters into an agreement to comply with the community service requirement,.the resident's lease will not be renewed, and r The Housing Authority may not renew or extend the resident's.lease upon expiration of the lease term and shall take such action as is necessary to terminate the tenancy of the household, unless the PHA enters into an agreement, before the expiration of the lease term,with the resident providing for the resident to cure any noncompliance with the community service requirement, by participating in an economic self-sufficiency program for or contributing to community service as many additional hours as the resident needs to comply in the aggregate with such requirement over the 12-month term of the lease. Ineligibility for Occupancy for Noncompliance - The PHA shall not renew or extend any lease, or provide any new lease, for a dwelling unit for any household that includes an adult member who was subject to the community service requirement and failed to comply with the requirement. F. PHA RESPONSIBILITY The PHA will ensure that all community service programs are accessible for persons with disabilities. The PHA will ensure that: The conditions under which the work is to be performed are not hazardous; The work is not labor that would be performed by the Housing Authority employees responsible for essential maintenance and property services; or 7/15/09 F The work is not otherwise unacceptable. G. PHA IMPLEMENTATION OF COMMUNITY SERVICE REQUIREMENT The PHA will administer its own community service program, with cooperative relationships with other entities. The PHA will provide to residents a brochure of community service and volunteer opportunities available throughout the community. This Lease Addendum is incorporated into the Lease executed or renewed this day between Owner and Tenant. Date: Date' OWNER TENANT . t t i 44 4 f t t f 7/15/09 _6 GUARANTY AND SURETY AGREEMENT THIS GUARANTY AND SURETYSHIP AGREEMENT is being made on this —_ y of 2 by, of (the "Guarantor") to the Housing Authority of the County of Cumbe d(the "Authority"). BACKGROUND OF AGREEMENT WHEREA (the "Tenant") has entered into a lease agreement with the Authority ted the of , 2 (the "Lease") for the rental of the premises located at , PA (the "Premises"); and WHEREAS, the uthority would not have entered into the Lease without this Guaranty from the Guarant NOW, THEREFO in consideration of the execution of the Lease for the Premises,by the Tenant, the un rsigned agrees as follows:. E 1. Unconditional Gua nty of Payment and Performance. Guarantor absolutely and uncon ' ionally guarantees to the Authority the punctual payment of all rents an other payments payable under the Lease or any extension or renewal ther f and further including any amounts due and € owing for damages to th Premises during the period of. Tenant's ' occupancy of the Premises. 2. Guaranty as Suretyship A reemen This Guaranty will be interpreted and r construed as a contract of suretysh in accordance with the laws of the Commonwealth of Pennsylvania. f --i 3. Absolute and Unconditional Nature o Guarantor's Obligations. The liability of the Guarantor under this Guaranty is absolute and unconditional, without regard to the liabili of any other person. The Guarantor's liability will not in any manner affected by reason of any action taken or not taken by the Authority, ich action or inaction is herein consented and agreed to, nor by t e partial or complete unenforceability or invalidity of the Lease or any her guaranty or surety agreement, pledge, assignment or other security for ny of the obligations r guaranteed hereunder. No delay in making demand n the Guarantor or satisfaction of Guarantor's liability hereunder 'll prejudice the Authority's right to enforce such satisfaction. All the rights and remedies of the Authority will be cumulative. Any failure f the Authority to exercise any right hereunder will not be construed as a waiver of the right to exercise the same or any other right at any time or tim thereafter. F t' t 7/15/09 RESIDEI _!AL DWELLING LEASE ADDEND, .. .i FAMILY PUBLIC HOUSING This lease.Addendum made this day of OftIMO shatl be attached to the original lease for your apartment located at I BL4 4 G n_ o.AN A. R PA' •-' By the signing of this agreement,your original lease shall be extended one year from the @Mhation 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 00,!01-©1�L� and ending at midnight on �. 3 � shall be payable not later than_ `r 10 1. �j_. A utility reimbursement of per month if applicable shall be paid to the utility supplier by PHA for the Ta=L Thereafter,monthly rent shall be due on or before the first day of each month. A he 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 and other ' . information reported by the Tenant.. MBER OF TENANT'S HOUSEHOLD HAVING RIGHT OF OCCUPANCY: No other person is permitted to reside permanently in the household unless the Housing 14lanager greats you WRITTEN PERMISSION to add that person to your household. IN WITNESS'wMREOF,the parties hereto have hereunto set their hands and seals the . day and year above written. " THE HOUSING YTHORITI OF THE COUNTY OF CUMBERLAND 4 BY wnmw ' WITNESS fi 3S - TFNAM u EXHIBIT "B" wMAfAff D . HOUSINGAND A S PUBLIC FAMILY HOUSING Bette J.Newcomer,HCCP Housing Management Director i July 12,2013 Paige Bahnweg 1344 Grandview Court Carlisle, PA 17013 Dear Ms. Bahnweg: We met on Monday,July 8,2013 to discuss your non-lease renewal effective September 30,2013 due to serious and repeated failure to pay your rent in a timely fashion (Section 2.a.of your lease and#13 of your Tenant Obligations). You also have an outstanding balance of$471.66 which you have failed to comply with your repayment agreement. During our meeting you could not give a reason for paying your rent late 8 times during the past year,other than your welfare amount changed and you couldn't get into the office to update your information. As far as the amount owed,you stated you will get help to pay this amount off by the end of July; however,this does not remedy the repeated late payment of your rent. It is my decision to uphold the lease non-renewal due to the repeated late payments in your rent and an outstanding balance of$471.66. Your current lease will terminate on September 30,2013 and you will be required to vacate your unit and turn your keys into the office by this date. Failure to vacate the unit by this date will result in a formal eviction proceedings being filed against you. 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 information on vacating your unit by September 30, 2013. Sincerely, 4 EXHIBIT "C" L Bette J. Newcomer Housing Management Director CUMBERLAND COUNTY HOUSING AUTHORITY E better places, better lives .,_._._ ,._.­_ _1. ,> I- - P717-745-0516 F717-24S-0374 NOTICE TO QUIT Name of Landlord: Housing Authority of the County of Cumberland Name of Tenant: Paige Bahnweg Leased Premise: 1344 Grandview Ct. Date of NOTICE TO QUIT: October 1, 2013 To: Ms. Bahnweg: You shall have 15 days from the date of your receipt of this letter to vacate the premises at 1344 Grandview Ct. Carlisle, Pa 17013. This eviction is based on the following: Failure to pay rent on time according to the lease and failure to keep your utilities on according to the lease. ,e spectfully, lyw m A ril Edwards, Resident Manager PUBLIC FAMILY HOUSING EXHIBIT "D" AFFIDAVIT OF SERVICE I,the undersigned adult individual,having en duly sw m upon my oath state that I did serve a copy of the attached Notice to Quit upon` r the Tenant, by personally placing one copy of the Notice Quit on the Tenant's door(s) at the Leased Premises, J?ALj CS YaAV i eI (\A _, Carlisle,PA 17013 on 2013 at S e r Ye"r Subscribed and sworn to before me the Un ersi ned Notary Public on day 2013. M commission expires: e�=MMONWEALTM OF PENNSYLVANIA Notarial Seal April D.Edwards,Notary Public Carlisle So%Cumberland County MY Commission Bores Sept 2,2015 MEMBER,PENNSYLVANIA ASSOQATION OF NOTARIES 4 i 1 L I. 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N S W C W 0 fJ 3 c N (O N (WT t0 � A O OD 0) V O W V V O OD O v m D D D D D D D D D D D D D D D D W D D D -ogv a ;u ;0 X m �_ oo �_ W W �_ co 0o ;u 00 X W X m N nri i �i M ."0 N X fn N m 3 �m � ¥ � E 2 § § £ ` CD § kk ° m / \ > § k § ` ® [ 2 @ k E a ) \ ƒ 2 ] G D a C- 70 , i a) /� m a� � ± � 3 . / 62 m Ea ( E G § � e > \} ) £ EE a § � a za ƒE E § � \� Em �7 z Em (D § / § ) ® k m k § 0 aC: / 7 / > f § § § c R m 2 8 8 8 / / / X � 3 w j3 } 0 § o E Q c / nN) CD ` § ) -4 2 # D. -A, k > . § _@ : \ « 0 C / : >m k \ 4 § . ]/ / E U § om eqg a q @ S o[ 0 CD � § } § . 8/ § § E g 0 ) f f /) / / CA & § 2i � /E > > ; } � § - #m o CERTIFICATE OF SERVICE I hereby certify that on November NO 2013, 1, 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: Paige Bahnweg 1344 Grandview Court Carlisle, Pennsylvania 17013 Trici D.Naylor, Es ire Bo,......, ,..):.,1 nc A LAhOf. i I 01 -tkk r nr C u tr■h.e rTo..cy-2 ,_ rJ V 4 NA:4-34 D-C)I Z'' ca(061 ----, -17-,ArE 1-PD rki-\(-\ ,...-e ci, EJECTIDIQ f.„) „....„ .. Af, COJ k iaQ 191% V)011 I- V.) -<> cm < -e, ---,- ...4 -.:L 0„..„. 1...._3r s 4 kli I f\ rv-\■_, cli-rec„&p. . -ei Ave1o) :E112 t --b2 ( rc■ d_ vy) IeG&Q G.r\ci -e_u( cfici . „._ %..... • 1 0. I -- .■. ,-, *War' s f HOUSING AUTHORITY OF THE : IN THE COURT OF COMMON PLEAS OF COUNTY OF CUMBERLAND : CUMBERLAND COUNTY, PENNSYLVANIA • • Plaintiff • • s+ v. • NO. 2013- 6607 CIVIL TERM-r,1 6 • rr E` PAIGE BAHNWEG • EJECTMENT cr) _.' 1344 Grandview Court • r- Carlisle, Pennsylvania 17013 • CIVIL ACTION R ° • • • } c-. 6 " Defendant : = PRAECIPE TO TERMINATE SUPERSEDEAS To the Prothonotary: Please terminate the supersedeas in the within action for failure of the defendant to pay monthly rental as required by Pa.R.C.P.M.D.J. No. 1008 when it became due. Respectfully submitted, BARIC SCHERER LLC or ..•�' .._.fit_ Tric a D. Naylo Esquir- LD. # 83760 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Upon confirmation of failure of the appellant to deposit the monthly rent when it became due, the supersedeas is terminated. lq��b \ �uE-LL Prothonotary Seal of the Court /S':' /3 ! • By A 5111 Si • % It& J_•4/ Deput L CERTIFICATE OF SERVICE I hereby certify that on December) , 2013, I, Tricia D. Naylor, Esquire, of Baric Scherer LLC, did serve a copy of the Praecipe To Terminate Supersedeas, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Paige Bahnweg 1344 Grandview Court Carlisle, PA 17013 ,4 Tric a D. Naylor,squire